When a person has a job that requires excessive driving, they are more at risk to accumulate speeding tickets. Sales associates, contractors, and delivery people often drive extensively and under time pressure. Unfortunately, many people do not realize that too many traffic violations can result in being suspended as a habitual traffic violator. If a person accumulates ten traffic violations in ten years, and at least one of them is a major violation, they can be suspended as a habitual traffic violator for five years. Major violations include Operating While Intoxicated (“DUI”), Reckless Driving, and certain Driving While Suspended convictions.
Generally, if a person is suspended for five years as a habitual traffic violator, they can petition for a probationary license after serving three years of the suspension. However, if a person operated a vehicle for business purposes, resulting in mileage that was substantially in excess of the mileage of an average driver and that may have contributed to the person’s poor driving record, the waiting period does not apply.
To be eligible for a probationary license based on excessive work-related driving, the person must also have:
1. Never previously been granted a probationary license while being a habitual traffic violator; 2. Not accumulated more than three unrelated major traffic violations; 3. Never had a major traffic violation that resulted in serious bodily injury; and 4. Not violated the habitual traffic violator suspension.
Evidence that Excessive Commercial Driving Contributed to Habitual Traffic Violator Status
When a habitual traffic violator seeks a probationary license based on excessive commercial driving, the person must present evidence of their annual mileage during the years in which they received traffic judgments. The evidence must substantiate that they operated a vehicle for commercial or business purposes and drove mileage that was in excess of the mileage of an average driver. Relevant proof may include tax returns listing mileage deductions, travel logs from work, testimony from a former or current employer, and maps demonstrating typical travel routes.
Our office was successful last week in obtaining a probationary license for a client under the excessive driving provision. The key to success in these hearings is preparation and presenting evidence that substantiates the petitioner’s mileage for business purposes, in the years when traffic judgments were accumulated. The burden of proof is on the petitioner to demonstrate that they qualify.
It is very difficult to live in Indiana and not have a driver’s license. Public transportation is limited and in many communities it becomes nearly impossible to obtain transportation to a job. If you are suspended as a habitual traffic violator, contact Gibson Law Office. We can determine whether you are eligible to petition for a probationary license and help you get back to work.
