Driver License Issues 101 Reviewing Indiana Driver Records

Driver License Issues 101 Reviewing Indiana Driver Records “Talk to a Lawyer Today” Prep CLE Monday, October 14, 2019

Indiana Driver Record contains driving history Shows current and resolved: Suspensions Citations Violations Reinstatement fees Other entries impacting driver

At Least Two Types Viewable Driver Record (VDR) View your own at no charge Official Driver Record (ODR) Certified copy First free; subsequent $4 (for your own) Law firm version ($7. 50) Judicial version (no charge)

Viewable Driver Record

ODR Letter of Certification

ODR Page 1 We’ll come back to this page.

ODR Page 2 Why Addresses Matter

ODR Page 3 Pay Attention to License Types (e. g. , CDL, Chauffeur, and Learner Permit)

Back to Page 1

Driver License Status Cancelled Conditional Fraudulent Habitual Traffic Violator - Life Invalid - Revoked Suspended - Infraction Suspended - Misdemeanor Suspended - Prior Unlicensed Valid BMV Probation

Back to Page 1

Attached to policy; doesn’t stand alone SR 22 Proof of future insurance Insurance provider files electronically Can’t be cancelled without prior notice 3 years for first or second no-insurance suspension; 5 years for subsequent no -insurance suspensions Proof of minimum requirements 25/50/25 liability insurance

BMV verifies coverage when: Insurance Verification Accident report received Pointable moving violation within 1 year of receiving 2 other pointable violations Serious traffic violation Pointable violation by driver who was previously suspended for failing to provide proof of financial responsibility Request for verification sent to mailing address on file with BMV

Examples of SR 22 Forms ①

Examples of SR 22 Forms ②

Past, Present, and Future SR 16 = Notifies BMV that driver has: Been convicted Been granted SDP on conviction Failed to appear (FTA) Failed to pay (FTP) a citation SR 21 = Certificate of Compliance (COC) SR 26 = Cancellation of SR 22 insurance SR 50 = Proof of current insurance

BMV I-Records (Law Firm) Format / Font Size Changed in 2018

Citation Points Indiana law assesses point value for each conviction of moving violation Zero to ten Point value relates to seriousness of offense (i. e. , risk to traffic safety) Active for two years Impact cost of auto insurance

90 Days

1675

First suspension = $250 Reinstatement Fees Second suspension = $500 Third or subsequent suspension = $1, 000 No partial payments? Drivers may file Petition for Waiver of Reinstatement Fee 2019 Traffic Amnesty Law (IC 9 -33 -4 ) Spoiler Alert: The new law sucks!

Indefinite

Driver Safety Program Drivers convicted of two or more traffic offenses within 12 -month period Drivers under 21 convicted of two or more traffic offenses Must be completed in 90 days May also be required by court, but. . . Available to any driver 4 -point credit applied once every 3 years

FTP vs FTA Failure To Pay = Penalties imposed Lost opportunity to bargain with State Failure To Appear = Penalties pending Assessed points, even excessive points Driver Safety Program Habitual Traffic Violator Suspensions (90 days, 365 days, etc. )

Indefinite Redacted

Indefinite, until. . . Redacted Paying the fine, fees, and court costs for this case is an admission of guilt.

Redacted Multiple FTAs in the same court are an opportunity to negotiate a plea agreement.

Be aware that in some instances your clients will still be on work release, home detention, or probation. The significance of this fact will vary. Redacted

Redacted

Redacted Habitual Traffic Violator (HTV)

1 Year

Redacted Note: Old Format Redacted

Note: Court Format Redacted

Don’t forget to check for pending suspensions. They appear after the section containing past and present suspensions. 90 days

Finally, don’t forget to check the Driver Remarks at the end of the report. Redacted

Contact Information Honorable David James Avery Superior Court of Allen County 715 South Calhoun Street, Room 319 Fort Wayne, Indiana 46802 260 -449 -7463 judgeavery@gmail. com Jared Paul Haller, MA, JD Staff Attorney Indiana Legal Services, Inc. 919 S. Harrison Street, Suite 200 Fort Wayne, Indiana 46802 jared. haller@ilsi. net