Every day, people throughout Indiana depend on motor vehicles to get them from place to place. Our reliance on automobiles can make it seem almost impossible to travel anywhere without them. It goes without saying that your life is exponentially more difficult if your license has been suspended for life. However, under some of the new driving laws, the Attorneys at Marc Lopez Law Firm can likely get you driving again, even if you have a lifetime suspension.
In Indiana, someone with a lifetime license suspension may petition the Circuit Court, or a Superior Court that has jurisdiction, for reinstatement of their driving privileges if ten (10) years have elapsed since the date one was given a lifetime suspension. There are some exclusions to this rule such as if you have a conviction for reckless homicide from the operation of a motor vehicle.
If one has served 10 years of their lifetime suspension and would qualify for reinstatement of driving privileges, the next order of business is to file a verified petition with the Court. Under IC 9-30-10-14.1, the State of Indiana lays out what is required for a Petition. General information such as date of birth and place of residence will always be required. Another requirement is a substantial change in the Petitioner’s circumstances. By this the Court is looking for employment status to make sure one is a hard working individual. We also have to prove that one is no longer a risk to society should their driving privileges be reinstated.
When petitioning to have one’s license reinstated, it is our burden to prove that you’re better off, and society would be better off, if you were driving again. The standard is not as high as it is for a criminal matter. In other words, we do not have to do this “beyond a reasonable doubt,” but we must prove by a “preponderance of the evidence” that is to say, greater than 50%. Ultimately, the reinstatement of driving privileges is completely up to the discretion of the Judge. After a hearing where all of the evidence is presented, the Judge will make a final determination and issue an Order.
If your license is suspended for life, it is important to call attorneys who know how to navigate the intricacies of the motor vehicle laws. The attorneys at Marc Lopez Law handle issues such as these, and other driving privileges, on a daily basis. Call the Marc Lopez Law Firm today to discuss your driver’s license status to see how we can help you get back on the road.