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Noblesville, IN Suspended License Attorneys
There are many ways in which you could suffer a suspended license in Hamilton County, Indiana. Some driver’s license suspensions are civil consequences for behaviors on the road, like too many traffic tickets. Other suspensions are criminal penalties for certain convictions. Whatever the reason, when you are facing a suspension or are experiencing hardships because of a license suspension in Hamilton County, call a suspended license lawyer at GDS Law Group. We will carefully review your circumstances and advise you of your rights and options.
As experienced Noblesville criminal lawyers, we know the ways to fight a license suspension or how to effectively apply for what used to known as a hardship license in Indiana, which is known as specialized driving privileges. At GDS Law Group, we will do whatever we can to get you lawfully back behind the wheel as soon as possible.
A Driver’s License Suspension in Hamilton County
There are several ways you can lose your driver’s license in Indiana, including:
- Refusing to submit to a chemical test upon a DUI arrest: Under Indiana’s implied consent law, by driving, you have already agreed to submit to a chemical test if you are arrested for an OWI/DUI. If you refuse to take a breath, blood, or urine test, your driver’s license can be automatically suspended. This is a civil penalty for refusal, not a criminal penalty. If you do not have a previous DUI conviction, you will lose your license for one year. If you have a prior DUI conviction, you will lose your license for two years.
- Driving while intoxicated: If you are convicted of an OWI/DUI, your driver’s license may be suspended as part of your criminal penalty. This suspension is in addition to a civil, automatic driver’s license suspension.
- Failure to appear in court: If you do not appear in court for a traffic violation hearing, or you do not pay the fine, your driver’s license is suspended indefinitely. Your driving privileges will only be restored by the court when you correct the issue, such as appearing before the court or paying your court costs and fines.
- Driving without auto insurance: If you cannot prove you meet Indiana’s auto insurance requirements, your license can be suspended for 90 days. However, if this is the second time you cannot prove insurance coverage in three years, your suspension is for one year.
- Failing to pay child support: If you are significantly in arrears for child support, the other parent or state can seek to have your driver’s license suspended. The suspension is indefinite until you get caught up on your obligation.
- Accumulating too many drivers license suspension points: When you are found or plead guilty to traffic violations and traffic crimes, points are placed on your license. If you accumulate too many points, you are labeled a Habitual Traffic Violator, and your license can be suspended.
If you are facing a driver’s license suspension for one of these reasons or another, do not hesitate to contact a suspended license lawyer at GDS Law Group to discuss your options.
Indiana Driver’s License Points
Many states use a license point system, but each state’s system is different. For each traffic violation or crime you are found guilty of Indiana, a certain number of points, predetermined by law, are added to your driving record. The number of points varies between two and ten, depending on the severity of the violation. For example, an equipment violation regarding your vehicle lights is two points, failure to yield or obey a traffic control signal are four points each, speeding 25 mph or more over the limit is six points, drag racing is eight points, and reckless driving causing bodily injury is 10 points.
These points remain on your record for two years, and if at any point, you accumulate a certain number of points, you face a warning or suspension:
- 14-18 points: A warning from the Bureau of Motor Vehicles
- 20 points: One-month suspension
- 22 points: Two-month suspension
- 24 points: Three-month suspension
- 26 points: Four-month suspension
- 28 points: Five-month suspension
- 30 points: Six-month suspension
- 32 points: Seven-month suspension
- 34 points: Eight-month suspension
- 36 points: Nine-month suspension
- 38 points: 10-month suspension
- 40 points: 11-month suspension
- 42 points: 12-month suspension
Defending Against Driving While Suspended Charges
When your driver’s license is suspended, you should not get behind the wheel. Driving while suspended is an independent offense. If a police officer catches you, you will be ticketed for a class A infraction. You face a fine up to $10,000.
If this is not your first time driving while you do not have driving privileges, you will be charged with a class A misdemeanor. You can be sentenced to up to one year in jail and fines reaching $5,000. Additional offenses of driving with a suspended license can lead to felony charges, which can result in a longer term of imprisonment and higher fines.
If you are currently facing a charge for driving while your license is suspended, call GDS Law Group right away. 317-550-5339.
Ask a Lawyer About Filing a Special Driving Privileges Petition
If your license was suspended and you are struggling to meet your obligations while unable to drive, contact our suspended license lawyers as soon as possible. Depending on your circumstances you may be able to ask for what used to be called a hardship license, which would enable you to drive for certain reasons. Indiana’s more recent law calls these specialized driving privileges, which are available under various circumstances.
When you file a petition for special driving privileges, the court will review your situation and determine whether it would be appropriate to place a stay on your suspension for at least 180 days to allow you to get to and from work, medical appointments, parenting time exchanges, or other necessary appointments. The petition must include certain information, making it important that you work with an attorney to file the petition properly. If your petition is missing information, it will likely be denied.
If the court grants you specialized driving privileges, it may place conditions on those privileges, such as an ignition interlock device, or when and where you are allowed to operate the vehicle.
Let Our Lawyers Help You With a Driver’s License Reinstatement
Once your suspension is lifted by a court, or your suspension period ends, you may take steps to reinstate your driver’s license. You cannot get back behind the wheel right away. You need to work with the BMV to obtain a valid license.
To begin the reinstatement process, be sure that you fulfilled all of the requirements of your suspension. If your license was indefinitely suspended, you must have a court order lifting the suspension. If your license was suspended for a definite period, the full period must have passed. Also, if there were any other court requirements due to an infraction or conviction, these all must be met.
Next, you need to obtain auto insurance and proof of insurance. Your insurance provider must electronically submit proof of your financial responsibility directly to the BMV. The bureau will not accept documentation from you directly.
You must pay a reinstatement fee to the BMV, and then your license will be reinstated.
To be sure you have completed all of the Indiana driver’s license reinstatement requirements, talk with our suspended license lawyers at GDS Law Group.
Contact Our Suspended License Attorneys For Help
Whether you are facing a driver’s license suspension, a driving while suspended charge, or you want to pursue specialized driving privileges, the Noblesville attorneys at GDS Law Group are here to help. Do not hesitate to contact us through our online form or by calling 317-550-5339 to schedule a free consultation.