MCPDA SDP CLE 2015

Specialized Driving Privileges

Atty. Marc Lopez 317 632 3642 [email protected] @MarcLopezLaw

Goal for Specialized Driving Privileges?

• Get responsible drivers licensed and back on the road.

Specialized Driving PrivilegesLicence Suspensions

General Rules

Traffic Infractions 0 to 30 days

Crimes Involving Motor Vehicle: 0 to maximum period of incarceration

Drug Possession in Vehicle: may suspend from 0 to 2 years

Almost everything qualifies for SDP

• Exceptions to No Minimum Suspensions


• Prior DUI offender charged with DUI = Min. 1 year license suspension

• Eligible for SDP



• Operation leads to serious bodily injury = Min.1 Year License Suspension

• Eligible for SDP



• Operation causes / results in death = Min. 2 Year License Suspension

• NOT Eligible for SDP

• Conditions


• Judges have a great deal of discretion• Time & Date & Location• Ignition Interlock Device• Must have SR22• Must have copy of Order on them while driving• Violation of condition of SDP is a C misdemeanor

& may make you ineligible for future SDP

• How to Get an SDP? 4 Ways


1. At sentencing • No filing fee

• Use same cause number

• Fast



2. Disposed Cases• No filing fee

• Use same cause number

• File in court that imposed suspension

• Fast



3. BMV Imposed Suspension• Must pay filing fee

• MI cause number

• Counties vary where to file

• Prosecutor represents BMV at hearing

• Not as fast



4. BMV Imposed Suspension & Court Imposed Suspension• Court suspension is in home county with a BMV suspension

• Use Existing Cause Number

• Combine the Court Susp. & Admin Susp. into one petition

• No filing fee

• Won’t work in all circumstances

• Practice Pointers - HTV


• Courts have been given authority to determine if someone is HTV at sentencing

• At sentencing, if a court determines that a Defendant is HTV, the court can also issue SDP

• Otherwise, the BMV has two years to impose HTV status

• No filing fee & Fast

• Practice Pointers - DUI


• There is still an immediate probable cause suspension of 180 days

• PC Admin. Susp. qualifies for SDP - file in court that found PC to suspend license

• Tricky? If convicted of DUI you don’t get credit time for conviction suspension if you have a SDP

• Unless: Your pre conviction SDP had ignition interlock as a condition of the SDP

• Practice Pointers - BMV imposed suspensions for Insurance Violations


• Problem? BMV is imposing suspensions for no insurance accidents / or no insurance DUIs for 90 days

• Filing for a SDP for a BMV imposed suspension takes more than 90 days to get a hearing

• Agreed entries are possible.

• Practice Pointers - What Judges Want


• Petition itself (keep it simple)• Proof of Insurance• Proof of SR22 Insurance • Copy of the Certified Driving Record• Want to see that BMV was served (by way of AG)• Some appreciate a digital copy of the proposed

Order along with hard copy• Some want the proposed Order to be approved by

Prosecutor (even if Prosecutor objected)

Thanks for Having me!


Materials and sample forms are online - visit @MarcLopezLaw for a link

THE END!
