Sec. 4. (a) An individual whose driving privileges
have been suspended by the bureau by an administrative action and not
by a court order may petition a court for specialized driving privileges
as 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 prosecuting 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 resident 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.
As added by P.L.217-2014, SEC.154. Amended by
P.L.188-2015, SEC.125; P.L.198-2016, SEC.609; P.L.118-2022,
SEC.31.
Notes of Decisions
State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018).
· cites it 6× “In 2017, Reinhart petitioned the Adams Superior Court for specialized driving privileges (SDP), seeking relief from all three suspensions under Indiana Code section 9-30-16-4 (Section 4). 1 Section 4 requires drivers suspended by administrative action of the BMV to petition the…”
Brent Orange v. Indiana Bureau of Motor Vehs., 92 N.E.3d 1152 (Ind. Ct. App. 2018).
· cites it 10× “Orange's Verified Petition for Specialized Driving Privileges indicates his "petition to stay the suspension of his driving privileges and grant him a specialized driving privilege is verified in compliance with Ind. Code § 9-30-16-4 ." (App. Vol. II at 6.”
George D. Jones v. State of Indiana, 62 N.E.3d 1205 (Ind. Ct. App. 2016).
· cites it 2× “Jones brought his petition pursuant to Ind. Code § 9-30-16-4 , but this statute applies only to suspensions by administrative action, not court order.”
Jason R. Cozmanoff v. State of Indiana (Ind. Ct. App. 2019).
· cites it 6× “3 On May 17, 2019, Cozmanoff filed an amended petition for specialized driving privileges citing Ind. Code § 9-30-16-4 4 and alleging the Indiana Bureau of Motor Vehicles gave notice to him that his license would be suspended from June 14, 2019, until June 14, 2022.”
Indiana Bureau of Motor Vehs. & the State of Indiana v. Adam Staton (mem.dec) (Ind. Ct. App. 2017).
· cites it 2× “[15] The petition was filed pursuant to Indiana Code section 9-30-16-4. The statute provides as follows: (a) An individual whose driving privileges have been suspended by the bureau by an administrative action and not by a court order may petition a court for specialized driving…”
Ind. Code § 9-30-16-4(a): 2 cases
Brent Orange v. Indiana Bureau of Motor Vehs., 92 N.E.3d 1152 (Ind. Ct. App. 2018).
“Orange's Verified Petition for Specialized Driving Privileges indicates his "petition to stay the suspension of his driving privileges and grant him a specialized driving privilege is verified in compliance with Ind. Code § 9-30-16-4 ." (App. Vol. II at 6.”
Ind. Code § 9-30-16-4(b): 1 case
Ind. Code § 9-30-16-4(d)(1): 2 cases
State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018).
“In 2017, Reinhart petitioned the Adams Superior Court for specialized driving privileges (SDP), seeking relief from all three suspensions under Indiana Code section 9-30-16-4 (Section 4). 1 Section 4 requires drivers suspended by administrative action of the BMV to petition the…”
Brent Orange v. Indiana Bureau of Motor Vehs., 92 N.E.3d 1152 (Ind. Ct. App. 2018).
“Orange's Verified Petition for Specialized Driving Privileges indicates his "petition to stay the suspension of his driving privileges and grant him a specialized driving privilege is verified in compliance with Ind. Code § 9-30-16-4 ." (App. Vol. II at 6.”
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