Indiana Habitual Traffic Violator Lawyer

What Is a Habitual Traffic Violator Under Indiana Law?

According to Indiana Code 9-30-10, a “habitual violator” is a person who has committed a specific number of traffic violations within 10 years. The number of violations within that 10-year period will depend on the type of offense, such as drag racing versus vehicular manslaughter. To count as separate violations within 10 years, the judgments must not have arisen from the same incident.

A habitual traffic violator in Indiana is a person who, within 10 years, has accumulated: 

• 2 judgments for:
  • Reckless vehicular homicide
  • Vehicular manslaughter (voluntary or involuntary)
  • Fleeing the scene of an accident that caused injury or death
  • OWI causing death
• 3 judgments for:
  • OWI
  • Reckless driving
  • Drag racing or engaging in an illegal speed contest
  • Any felony offense involving the operation of a motor vehicle
• 10 judgments for any traffic violation (other than a parking ticket), but one of these violations must have been for a major offense, such as vehicular manslaughter or OWI.

Penalties for Habitual Traffic Offenders

When the Indiana Bureau of Motor Vehicles (BMV) determines that a driver is a habitual traffic violator, they will mail a notice to the person’s last known address. This will inform the driver that their license is to be suspended in 30 days. Once 30 days pass, the BMV will suspend the driver’s license.

A 10-year license suspension will apply to most habitual traffic violators in Indiana, with some exceptions. If a habitual violator has at least 2 violations within 10 years for OWI causing death, they will face lifelong license suspension. Drivers who are considered habitual violators because of 10 traffic violations (and only one for a major offense) within 10 years will face license suspension for 5 years. 

Driving as a Habitual Traffic Violator in Indiana

In Indiana, it is a felony to drive while one’s license is suspended due to a habitual traffic violator designation. Additional criminal charges may apply if the person caused injury or death as a result of driving on a suspended license. Imprisonment, fines, and lifetime license suspension may be imposed as penalties for driving as a habitual traffic violator in Indiana.

You Need an Indiana Habitual Traffic Violator Attorney

You have the right to contest the suspension of your license as an Indiana habitual traffic violator. You also have the right to defense counsel in the face of felony charges for driving as a habitual violator. Exercising these rights may be your only way of avoiding the loss of your license and possibly jail time. At the Law Office of B.D. Williams, we know what it takes to represent clients who have been labeled habitual traffic offenders. Led by a defense attorney who has been practicing law for more than two decades, our firm is committed to securing the best result for every client. We’re here to take your call, day or night, to offer a free initial consultation that will help you better understand your options. 

Contact our Indiana habitual traffic violator lawyer today!