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I have successfully represented many people charged with driving while suspended and driving while habitual traffic violator. I can also help with license reinstatements. In some cases, even habitual traffic violator and lifetime license suspensions can be overcome. As part of the FREE consultation that I always offer, I will evaluate your BMV record and let you know what options are available.
I just received a traffic ticket, what should I do?
Promptly contact an attorney who handles traffic matters. Do not pay the ticket without speaking to a lawyer! I offer a free consultation. You need to know the consequences of the ticket – points, driving record, potential suspension – and the possibilities for defeating or reducing the those penalties.
What are some ways to clear up license suspensions?
Eliminate old tickets
When a police officer writes a ticket, you must either pay it or appear in court to contest it. If you ignore the ticket, most courts will send a notice to the BMV that suspends your license for failure to appear. Many people have suspended licenses because of old tickets that have not been resolved.
Don’t pay the tickets before talking to a lawyer! I offer a free consultation and in most cases, those old tickets can be either dismissed or reduced. Reducing and/or eliminating traffic tickets can be of great value – less convictions on your driving record, less points, and lower auto insurance premiums.
Probationary license
There are several statutes that allow for probationary or conditional driving privileges. Essentially, your license is still suspended but the court sends an order to the BMV that says you are allowed to drive for certain specified purposes (such as to work, to alcohol counseling, etc.).
Relief from lifetime license suspension
If your license is suspended for life, Indiana Code allows for relief from that suspension under limited circumstances. For most lifetime suspensions, relief will be available if it has been ten (10) year since your license was first suspended and you have not been convicted during for driving during those years. However there are other situations in which relief maybe available. You should talk to a lawyer.
Post-conviction relief
In some situations even if you don’t qualify for a probationary license or relief from a lifetime suspension, it may be possible to obtain a license by eliminating old convictions from your record. The Indiana Rules for Post-Conviction Relief say that a conviction can be vacated (eliminated) in some situations.
With my help, you file a petition with the court alleging at least one of the bases for relief as set forth in the Rules for Post-Conviction Relief and the court will schedule a hearing at which we present evidence to establish that you are entitled to relief. If successful, the conviction comes off of your record.
Sentence modification
In some cases, you can petition for a court to change your sentence. An example of where this is effective – if you are convicted of operating a vehicle after being adjudicated an habitual traffic violator (5 or 10 year suspension), you license is suspended for life, however, the court can treat your conviction as a class A misdemeanor (instead of a class D felony). If your sentence is for a misdemeanor, there is no lifetime license suspension.
Relief from judgment
Indiana law allows for relief from a civil judgment (traffic infractions – not crimes – are civil judgments) in some situations. In many cases, this rule can be used to eliminate infractions from your record.
Petition for judicial review
Sometimes the BMV incorrectly determines that a driver is an habitual traffic violator. You have the ability to take them court. The judge will review your driving record and determine whether the BMV’s determination is accurate.
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