The House Committee on Courts and Criminal Code heard HB 1157 authored by Rep. Hatfield regarding driving privileges. The bill requires the Bureau of Motor Vehicles to remove any record of a suspension from a defendant charged with operating while intoxicated if the case ends in favor of the defendant and the defendant’s driving privileges were suspended because: (1) the defendant refused a chemical test; or (2) the results of a chemical test resulted in prima facie evidence of intoxication. The bill also permits a court to award specialized driving privileges to a defendant who refused to submit to a chemical test if: (1) the person has not previously refused to submit to a chemical test; (2) the person installs a certified ignition interlock device; and (3) the court finds that awarding specialized driving privileges is in the interests of justice.
The bill was amended by consent to disqualify those who have a previous conviction for operating while intoxicated and mandates the trial court and the BMV terminate all, or any part, of the remaining suspension of a person’s license suspension if the charges against the person are dismissed, the person is acquitted, or the person’s conviction is vacated or reversed on appeal.
The Indiana Public Defender Council and a defense attorney testified in support of the bill. The Indiana Prosecuting Attorneys Council testified in opposition. The bill passed 12-0.
Read the bill at: http://iga.in.gov/legislative/2020/bills/house/1157.