Daviess County - Indiana Criminal Code 2022

96

TRAFFIC CODE

imposed in conjunction with the suspension of the person’s driving privileges. 9-30-16-5. Violation of specialized driving privileges; penalties. (a) Aperson who knowingly or intentionally vio lates a condition imposed by a court under section 3, 3.5 or 4 of this chapter, or imposed under IC 9 30-10-14.2, commits a Class C misdemeanor. The prosecuting attorney may notify the court that issued the specialized driving privileges order of the alleged violation. If the specialized driving privileges order is from a different county, the prosecuting attorney may also notify the prose cuting attorney in that county of the violation. (b) For a person convicted of an offense under subsection (a), the court that issued the specialized driving privileges order that was violated may modify or revoke specialized driving privileges. The court that issued the specialized driving priv ileges order that was violated may order the bureau to lift the stay of a suspension of driving privileges and suspend the person’s driving license as orig inally ordered in addition to any additional sus pension. 9-30-16-6. Credit time, refusals. (a) A person whose driving privilges are sus pended under section 1(c) of this chapter: (1) Is entitled to credit for any days during which the license was suspended under IC 9-30-6-9(c); and (2) May not receive any credit for days during which the person’s driving privi leges were suspended under IC 9-30-6 9(b). (b) A period of suspension of driving privi leges imposed under section 1(c) of this chapter must be consecutive to any period of suspension imposed under IC 9-30-6-9(b). However, if the state and the defendant agree pursuant to a term in an accepted plea agreement, or if the court finds at sentencing that is in the best interest of society, the court shall terminate all or any part of the remaining suspension under IC 9-30-6-9(b) and shall enter this finding in its sentencing order. (c) The bureau shall designate a period of sus pension of driving privileges imposed under sec tion 1(c) of this chapter as consecutive to any period of suspension imposed under IC 9-30-6-

described in section 3(b) through 3(d) of this chapter. (b) A petition filed under this section must: (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 pros ecuting 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 resi dent 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. (1) Whose driving privileges were sus pended under IC 9-25-6-3(d); and (2) To whom a court grant specialized driving privileges under section 3 or 4 of this chapter with respect to the suspended driving privileges. (b) The Court may, as a condition of the spe cialized driving privileges, life the suspension of the person’s motor vehicle registration that was 9-30-16-4.5. Registration suspension. (a) This section applies to a person: