Indiana Habitual Traffic Violator

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If disobeying the driving laws once is distressing enough, acquiring multiple violations over a ten year period can have severe consequences. Without legal representation, the penalties against you can have a detrimental repercussion on your career and personal life.

Under the state law, a habitual traffic violator is determined by the following:

• Two serious Indiana driving law offenses resulting in injury or death:
  • Operating a motor vehicle with a BAC of 0.08% or more
  • Operating a motor vehicle while intoxicated resulting in death
  • Reckless homicide
  • Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle
  • A driver who fails to stop at the scene of the accident which they were involved in
• Three major Indiana driving law offenses:
  • Driving while intoxicated or with a BAC of 0.08% or more
  • Driving while suspended, when the suspension resulted from a criminal act involving a motor vehicle
  • Operating a motor vehicle without obtained license
  • Reckless driving
  • Criminal recklessness involving a motor vehicle
  • Drag racing or involvement in a speed contest
  • Failing to make an accident report or leaving the scene of an accident
• Ten moving violations of Indiana driving law, one of which is a serious or major offense

Types of Habitual Traffic Violator Penalties

Since driving is considered a “privilege” and not a “right,” the state of Indiana established the “Habitual Traffic Violator” legislature to avert hazardous drivers from the roads. With more than 75 years of collective experience, we understand what you’re up against and are more than qualified to handle your case.

The types of serious licenses suspensions include:

• 5-Year Suspension - Results from nine or more infractions, including one major offense, in a ten year period.
• 10-Year Suspension – Results from three major offenses in a ten year period.
• Lifetime license suspension – Results from a criminal conviction for Operating a Vehicle as Habitual Traffic Violator, which is considered a Class D felony.

For more information about Indiana statutes on habitual traffic violations, see below:

Habitual Traffic Violators

I. Introduction

Most people are mistakenly concerned about the number of points they have on their license, due to misdemeanor or traffic offenses. This is a valid concern; however, there are other more serious concerns a driver should have about his or her record. Drivers should be more concerned about an accumulation of certain types of offenses that can cause major license suspensions.

Another mistake drivers make is thinking that all notations of an offense on their driving records drop off after three years. Such is not true. In fact, the Bureau of Motor Vehicles (BMV) has a complete driving record on each driver, reflecting everything that driver has been cited for in his or her entire driving history.

Because of habitual traffic violator laws, it is actually the last 10 years that a driver should be most concerned about.

II. Statutory Categories Of Habitual Traffic Violator Laws

If a driver has more than one conviction of certain specified traffic offenses, he or she may be classified by the BMV as a habitual traffic violator or HTV. There are three categories of habitual traffic violators, which we call (1) The Big; (2) The Bad; and (3) The Ugly.

(1) The Big (9-30-10-4(c))

The BMV will classify you as a 4(c) habitual violator if you have accumulated at least 10 judgments within a 10-year period for any traffic violation other than parking or equipment failure tickets not arising from the same incident. At least one of the judgments must be from the lists in sections (2) and (3) (below).

If you are classified under this category, your license will be suspended for five years. 9-30-10-5(b)(3). In addition, you may apply for a probationary license immediately if you have not previously been placed on the same kind of probation; you can show that you operate a vehicle for commercial purposes that causes you to drive more miles than the average person; and you do not have any violations from section (2) and fewer than three from category (3). 9-30-10-9(A).

(2) The Bad (9-30-10-4(A))

The BMV will classify you as a 4(a) habitual violator if you have accumulated at least two convictions within a 10-year period not arising from the same incident, from the following list of charges:

1. Reckless homicide resulting from operation of a motor vehicle
2. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle
3. Failure of the driver of a motor vehicle involved in an accident resulting in death or injury to stop at the scene
4. Operation of a vehicle while intoxicated resulting in death
5. Operation of a vehicle with a BAC of .08-.14 grams, or .15 grams of alcohol or higher resulting in death

A person found by the BMV to be an HTV under this category will have his or her license suspended for 10 years. 9-30-10-5(b)(1). In addition, you will not be able to obtain a probationary driving license for the entire 10 years.

(3) The Ugly (9-30-10-4(b))

This is the most severe category. The BMV will classify you as a 4(b) habitual violator if you have accumulated at least three convictions within a 10-year period not arising from the same incident, from the following list of charges:

1. Operation of a vehicle while intoxicated
2. Operation of a vehicle with a BAC of .08-.14 grams or .15 grams of alcohol or higher
3. Operation of a vehicle while suspended as a misdemeanor (where the suspension was because of the conviction of an offense)
4. Operation of a vehicle without ever having a license
5. Reckless driving
6. Criminal recklessness
7. Drag racing (speed contest)
8. Various charges regarding failure to stop at the scene of an accident
9. Or any felony involving a vehicle

A person found by the BMV to be an HTV under this category will have his or her license suspended for 10 years. 9-30-10-5(b) 2.

If You're At Risk Of Being Classified As A Habitual Traffic Offender, We Can Help

If you are facing habitual traffic violations, don’t let these penalties ruin your life without putting up a fight. At Arnold Terrill Ridenour, P.C., we are dedicated to defending our clients in order to give you the peace of mind you need.

You can also complete our contact form or call (888) 912-7220, and we'll be in touch with you as soon as possible.