If you are dealing with a license suspension, you may qualify for Specialized Driving Privileges. Often referred to as a hardship license, this new type of driver’s license allows a person to drive under restriction while their driver’s license is suspended. If you live in Marion County or have a criminal case in Marion County that lead to a suspension, then you will have to file the petition in Marion County. These procedures can be complicated, and this post will explain some of the court rules.
If your driver’s license has been suspended by the BMV for a BMV administrative suspension, then you must file your petition in your home county Circuit Court. A BMV administrative suspension is one that is issued directly from the BMV, and typically includes suspensions for failing to file proof of insurance, excessive points, and five or ten year habitual traffic violator suspensions, or Operating a Vehicle While Intoxicated.
Once the petition is filed, your case will be assigned a court date. In Marion County Circuit Court, that may be up to 90 days out, as our experience indicates that this is the time frame that Hearings are currently being set in Marion County. In other counties, that wait time may be much shorter. Our goal is to work with you and the County Prosecutor to the end that the Prosecutor may be willing to agree to your Petition and a Hearing can be avoided and you can quickly and efficiently get back on the road legally.
Our experience indicates that for specialized driving privilege Petitions, unless there is a serious reason to object, the Prosecutors typically do not object to a Petition at the Hearing. We find that it is beneficial for us to help you present the most sympathetic case possible at Hearing so that we can help you get your Petition granted, including being able to explain where you need to drive and the purpose of your request for special privileges.
Contact Mercho Caughey today to speak with a lawyer so we can help educate you on your options and help you get the process started!