Sec. 4. (a) An individual whose driving privileges have been suspended by the bureau by an administrative action and not by a court order may petition a court for specialized driving privileges as described in section 3(b) through 3(d) of this chapter.

     (b) A petition filed under this section must:

Terms Used In Indiana Code 9-30-16-4

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(1) be verified by the petitioner;

(2) state the petitioner’s age, date of birth, and address;

(3) state the grounds for relief and the relief sought;

(4) be filed in the appropriate county, as determined under subsection (d);

(5) be filed in a circuit or superior court; and

(6) be served on the bureau and the prosecuting attorney.

     (c) A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this section.

     (d) An individual whose driving privileges are suspended in Indiana may file a petition for specialized driving privileges. The petition must be filed as follows:

(1) Except as provided in subdivision (2), if the individual is an Indiana resident, in the county in which the individual resides.

(2) If the individual is an Indiana resident and is subject to an active administrative suspension under this section in addition to an active court ordered suspension under section 3 or 3.5 of this chapter, in the court that has ordered or imposed a suspension of the individual’s driving privileges.

(3) If the individual was an Indiana resident at the time the individual’s driving privileges were suspended but is currently a nonresident, in the county in which the individual’s most recent Indiana moving violation judgment was entered against the individual.

As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015, SEC.125; P.L.198-2016, SEC.609; P.L.118-2022, SEC.31.