Driving is one of the most important privileges people enjoy. However, traffic tickets and crashes can take that privilege away. If you are facing a driver’s license suspension, seeking a probationary license, or pursuing a license reinstatement, a license suspension lawyer from the Stracci Law Group could help.
Our firm has represented many Hoosiers in danger of losing their driving privileges and many more looking to reinstate suspended licenses in Indiana. We can defend you in court or help you obtain a hardship license, also known as specialized driving privileges. Call today to speak with an NWI lawyer for a suspended license.
Reasons for Your Indiana Driver's License Suspension
We know how difficult it is to get to work and take care of your many other responsibilities without a driver’s license. If you have lost your driving privileges, an attorney for a suspended driver’s license from our firm will attempt to get your license reinstated.
In Indiana, standard and commercial driver’s licenses can be suspended for many reasons, including:
- Driving While Intoxicated: A DUI conviction can lead to criminal charges and a driver’s license suspension;
- Refusing to Allow an Officer to Perform a DUI Test: If you refuse a chemical test after being arrested for DUI, your license will be suspended for one year (two years if you have a previous conviction);
- Driving Without Valid Automobile Insurance: A first offense can result in you losing your license for a period of time and require SR-22 insurance;
- Failing to Pay Timely Child Support: Your license could be indefinitely suspended until you get in compliance with your payments or establish a payment plan with the prosecutor;
- Collecting Too Many Points on Your Driver’s Record: When you receive multiple citations for speeding, running stop signs, or other offenses in a short period, you could face suspension;
- Failing to Appear in Court for a Hearing on a Traffic Violation: Missing a court date will likely lead the court to suspend your driving privileges.
In some cases, you can take steps that will allow you to keep your license. If that is not possible, you can seek specialized driving privileges while waiting out your suspension. A suspended license attorney in Indiana can help you navigate the rules and work to get you a favorable outcome.
Demerit Points for an Indiana Suspended License
Traffic violations will lead to expensive traffic tickets and points on your driving record. Each violation will add a certain number of points.
Anything up to 14 points typically prompts no action from authorities. However, if you collect between 14 and 18 points, you will receive a warning from the Bureau of Motor Vehicles. Once you reach 20 points, your license will be suspended for one month.
It is important to note that points do not stay on your record indefinitely; they drop off after two years. However, the more points you get in a two-year period, the longer your license suspension will be:
- 24 Points: Three-month suspension;
- 28 points: Five-month suspension;
- 32 points: Seven-month suspension;
- 38 points: Ten-month suspension;
- 42 points: Twelve-month suspension.
Certain violations and crimes are more serious than others and are thus worth more points. For example, operating a vehicle while intoxicated will add eight points to your record. Failing to yield to an emergency vehicle will add six while disregarding a traffic device will add just four.
You may be able to wipe out some points by taking a driver safety program or a defensive driving course.
How Long Can Your License Suspension Last in the State of Indiana?
License suspensions in Indiana can last up to ten years. Suspensions of this nature are typically given for habitual criminal traffic violations.
A habitual traffic violator is a driver who commits multiple major offenses or traffic violations in a ten-year period. If the BMV deems you a habitual traffic violator, your license could be suspended for five or ten years.
Regardless of the length of the suspension, a skilled attorney will strive to shorten the suspension period and help you repair your driving record.
How to Get Your Driver’s License Reinstated?
One of the most efficient ways of getting your license reinstated is by speaking with an experienced license suspension lawyer. After reviewing your case, they will know how best to proceed with your reinstatement.
Specialized Driving Privileges — Indiana Statutes
Driver’s license suspensions can be disastrous to defendants, their families, and their employers. Due to the wide impact a suspension can have, Indiana law allows certain individuals to seek specialized driving privileges (SDP) while under suspension.
These privileges allow suspended license holders to drive under certain circumstances. Previously, these individuals would seek a hardship license attorney in Indiana to help them. Hardship licenses are now sometimes referred to as specialized driving privileges. This change has broadened the pool of individuals eligible to drive while their licenses are suspended.
Generally speaking, specialized driving privileges allow drivers to continue to drive when necessary to maintain their household and provide for their families. They are a lifesaver for many who find themselves with suspended licenses.
However, not all persons are eligible for these privileges; certain violations will disqualify you from obtaining an SDP.
Eligibility for Northwest Indiana Specialized Driving Privileges
In order to be eligible for specialized driving privileges (a hardship license), certain disqualifiers must not apply to your case. Take a look at this list to get a preliminary idea as to whether you are eligible for SDP.
You shouldn’t expect to qualify for SDP if you:
- Have no history of ever having an Indiana driver’s license
- Refused to take a chemical or breathalyzer test for driving while intoxicated
- Were convicted or pleaded guilty to a criminal offense of motor vehicle homicide
- Previously received SDP but violated the terms of the privileges
You will not be able to get specialized driving privileges for a commercial driver’s license. However, if your CDL is suspended, you may be able to get permission to drive vehicles that don’t require a commercial driver’s license.
No matter your situation, you may have options. If you have questions about your eligibility to receive SDP, contact our office to speak with a lawyer for license suspension. We’ll provide answers and help you decide what to do next.
How to Apply for a Hardship License in Crown Point, IN
The procedure differs slightly depending on whether it was the Bureau of Motor Vehicles or a court that suspended your license. Either way, you must submit a petition featuring the following:
- Your affirmation that the information of the petition is true;
- Your address and date of birth;
- The reason why you need to drive; and
- Where do you need to drive?
You must file the petition in the court in your county. If you don’t live in Indiana, file in the county where you received your most recent moving violation. The petition must also be served on the BMV and the prosecutor.
If a court ordered the suspension, you must file the petition with that court. The prosecutor must appear in court and argue Indiana’s position on your petition. Since a judge is entitled to turn down your petition for any reason, you are going to need a license suspension attorney experienced in criminal defense.
What rules should I follow once I’m granted an SDP license?
Observe the following principle:
- Above all, do not violate any traffic rules or regulations, even seat belt laws;
- Strictly observe the terms of your specialized driving privileges. If you are allowed to drive to work on a specific route, for example, do not deviate from that route no matter how bad the traffic is.
What common mistakes should I avoid when filing an SDP petition?
The most common mistakes are:
- Failing to include all of the information that the petition requires;
- Listing the wrong county;
- Failing to properly serve the petition on the BMV and/or the prosecutor;
- Failure to complete the petition under oath (where your signature guarantees the accuracy of its contents under penalty of perjury).
Dozens of other errors are possible without the assistance of an attorney.
Why Choose Our License Rehabilitation Lawyers for Suspended Drivers License in Crown Point?
Our specialized driver’s license lawyers can help you in many ways. If you have been charged with OWI, for example, the court will send a suspension notification to the BMV. We will quickly attempt to secure an agreement with the prosecutor to expedite the process.
When such an agreement isn't possible, your lawyer for a suspended license will notify the court at (or before) your initial hearing of our intention to file a Petition for Specialized Driving Privileges. The court will schedule a hearing, at which time your revoked license attorney will ask the court for an order permitting you to continue driving under certain conditions.
We know that your license is effectively a gateway to a normal life, and without it, you may experience serious hardship. That’s what drives us to provide the most effective license reinstatement legal representation.
We also:
- Offer a free consultation;
- Delve deep into your case to gather evidence and present the best defense;
- Have great local representation and a history of success.
Contact Our Lake County Revoked & Suspended Drivers License Reinstatement Attorneys
You don’t have to go through a license reinstatement alone. Call our office to schedule a free evaluation with an experienced attorney for suspended license today.
Schedule a Consultation With a Crown Point Lawyer for Driver’s License Suspension
Experience means a lot when it comes to reinstating your license, and our Crown Point license reinstatement lawyers have plenty of it. Stracci Law Group serves Northwest Indiana, offering free consultations over the phone. So call our attorney for driver’s license suspension today at 219-525-1000 to find out more, and we’ll get to work building the strongest case possible.