Sec. 5. (a) If it appears from the records maintained by
the bureau that a person's driving record makes the person a habitual
violator under section 4 of this chapter and a court has not already
found the person to be a habitual violator under section 6.5 of this
chapter based on the same underlying violations, the bureau shall mail
a notice to the person's last known address, or send the notice
electronically if the person has indicated a preference for receiving
notices from the bureau electronically, that informs the person that the
person's driving privileges will be suspended in thirty (30) days
because the person is a habitual violator according to the records of the
bureau.
(b) Thirty (30) days after the bureau has mailed a notice under this
section, the bureau shall suspend the person's driving privileges for:
(1) except as provided in subdivision (2), ten (10) years if the
person is a habitual violator under section 4(a) of this chapter;
(2) life if the person is a habitual violator under section 4(a) of
this chapter and has at least two (2) violations under section
4(a)(4) through 4(a)(7) of this chapter;
(3) ten (10) years if the person is a habitual violator under section
4(b) of this chapter; or
(4) five (5) years if the person is a habitual violator under section
4(c) of this chapter.
(c) The notice must inform the person that the person may be
entitled to relief under IC 9-33-2.
(d) Notwithstanding subsection (b), if the bureau does not discover
that a person's driving record makes the person a habitual violator
under section 4 of this chapter for more than two (2) years after the
bureau receives the person's final qualifying conviction, the bureau
shall not suspend the person's driving privileges for any period.
[Pre-1991 Recodification Citation: 9-12-2-1.]
As added by P.L.2-1991, SEC.18. Amended by P.L.82-2004,
SEC.3; P.L.85-2013, SEC.101; P.L.217-2014, SEC.134; P.L.149-2015,
SEC.106; P.L.188-2015, SEC.114; P.L.141-2024, SEC.48.
Notes of Decisions
Cited in
53
cases (
1 in the last 5 years), 1994–2022 · leading case:
Laker v. State, 869 N.E.2d 1216 (Ind. Ct. App. 2007).
Laker v. State, 869 N.E.2d 1216 (Ind. Ct. App. 2007).
· cites it 4× “Similarly, the rebuttable presumption of a defendant's knowledge arises only when the BMV's service of the suspension notice is in compliance with Indiana Code section 9-30-10-5. Ind. Code § 9-30-10-16 (b)(l).”
Nathan Brock v. State of Indiana, 955 N.E.2d 195 (Ind. 2011).
· cites it 2× “In 2004, the General Assembly amended Indiana Code section 9-30-10-5(b) to provide that the BMV has the authority to impose a lifetime suspension on an HTV in certain circumstances, without a conviction under section 16.”
State v. Jackson, 864 N.E.2d 431 (Ind. Ct. App. 2007).
· cites it 8× “Ind.Code § 9-30-10-5. 5 . Ind.Code § 9-24-13-4.”
Brown v. State, 677 N.E.2d 517 (Ind. 1997).
· cites it 4× “I.C. § 9-30-10-5. This court reviews de novo issues of law.”
Denton v. State, 805 N.E.2d 852 (Ind. Ct. App. 2004).
· cites it 4× “Specifically, Denton challenges the denial of his motion to suppress on the grounds that the arresting police officer improperly stopped his vehicle and further argues that the State failed to show that his driver's license was validly suspended in accor *854 dance with Indiana…”
DeSantis v. State, 760 N.E.2d 641 (Ind. Ct. App. 2001).
· cites it 4× “CODE § 9-30-10-5(a). The notice must also advise the person that he may notify the BMV that his driving record contains a material error.”
Pebley v. State, 686 N.E.2d 168 (Ind. Ct. App. 1997).
· cites it 4× “In order to effectively suspend a defendant’s license, Indiana Code § 9-30-10-5 (1992) requires: (a) .”
State v. Hammond, 761 N.E.2d 812 (Ind. 2002).
· cites it 2× “) See Ind. Code Ann. § 9-30-10-5 (c)(West 1998)("The notice must inform the person that the person may be entitled to relief .”
Fields v. State, 679 N.E.2d 898 (Ind. 1997).
· cites it 2× “2d at 518 ; see Indiana Code § 9-30-10-5. I. Valid Suspension of License Appellant contests the validity of the suspension of his license by claiming that no notice of suspension was mailed to his last known address.”
Wilkinson v. State, 743 N.E.2d 1267 (Ind. Ct. App. 2001).
· cites it 2× “Under Ind.Code § 9-30-10-5, the ten year statute, the BMV must mail a notice of suspension to the violator's "last known address.”
Orndorff v. Indiana Bureau of Motor Vehs., 982 N.E.2d 312 (Ind. Ct. App. 2012).
· cites it 4× “Indiana Code Section 9-30-10-5(a) governs notice of suspension and provides, If it appears from the records maintained in the bureau that a person’s driving record makes the person a habitual violator under section 4 of this chapter, the bureau shall mail a notice to the…”
Indiana Bureau of Motor Vehs. v. McNeil, 931 N.E.2d 897 (Ind. Ct. App. 2010).
· cites it 2× “As a result of meeting the requirements of section 9-30-10-4, McNeil's driving privileges were to be suspended for ten years under Indiana Code section 9-30-10-5. The BMV was sent an SR-16 form on June 15, 2006, notifying it that MeNeil qualified as an HTV, but did not determine…”
— Ind. Code § 9-30-10-5(a) — 12 cases
Laker v. State, 869 N.E.2d 1216 (Ind. Ct. App. 2007).
“Similarly, the rebuttable presumption of a defendant's knowledge arises only when the BMV's service of the suspension notice is in compliance with Indiana Code section 9-30-10-5. Ind. Code § 9-30-10-16 (b)(l).”
DeSantis v. State, 760 N.E.2d 641 (Ind. Ct. App. 2001).
“CODE § 9-30-10-5(a). The notice must also advise the person that he may notify the BMV that his driving record contains a material error.”
Orndorff v. Indiana Bureau of Motor Vehs., 982 N.E.2d 312 (Ind. Ct. App. 2012).
“Indiana Code Section 9-30-10-5(a) governs notice of suspension and provides, If it appears from the records maintained in the bureau that a person’s driving record makes the person a habitual violator under section 4 of this chapter, the bureau shall mail a notice to the…”
State v. Jackson, 864 N.E.2d 431 (Ind. Ct. App. 2007).
“Ind.Code § 9-30-10-5. 5 . Ind.Code § 9-24-13-4.”
— Ind. Code § 9-30-10-5(b) — 6 cases
Nathan Brock v. State of Indiana, 955 N.E.2d 195 (Ind. 2011).
“In 2004, the General Assembly amended Indiana Code section 9-30-10-5(b) to provide that the BMV has the authority to impose a lifetime suspension on an HTV in certain circumstances, without a conviction under section 16.”
Orndorff v. Indiana Bureau of Motor Vehs., 982 N.E.2d 312 (Ind. Ct. App. 2012).
“Indiana Code Section 9-30-10-5(a) governs notice of suspension and provides, If it appears from the records maintained in the bureau that a person’s driving record makes the person a habitual violator under section 4 of this chapter, the bureau shall mail a notice to the…”
— Ind. Code § 9-30-10-5(c) — 6 cases
DeSantis v. State, 760 N.E.2d 641 (Ind. Ct. App. 2001).
“CODE § 9-30-10-5(a). The notice must also advise the person that he may notify the BMV that his driving record contains a material error.”
— Ind. Code § 9-30-10-5(d) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.