Indiana is very clear about what actions cause someone to receive the designation of Habitual Traffic Violator (HTV). If you believe that you may be close to becoming an HTV, it’s time for you to contact a criminal defense lawyer at 317-721-4783.
What is a Habitual Traffic Violator?
According to the BMV’s website, below are the various ways that an individual can be treated as a Habitual Traffic Violator (HTV) in Indiana.
1. 5 year driving privilege suspension = 10 judgments in 10 years (9-30-10-4(c) and 9-30-10-5(b)(4))
a. Judgments must not arise from the same incident;
b. Must be for traffic violations (not equipment or parking);
c. At least one judgment must be after March 31, 1984; and
d. At least one of the 10 judgments must be from 9-30-10-4(a) or (b).
2. 10 year driving privilege suspension = 2 judgments in 10 years (9-30-10-4(a)) and 9-30-10-5(b)(1))
a. Judgments must not arise from the same incident;
b. At least one must have occurred after March 1, 1984;
c. Only one of the two judgments may be from iv through vii below; and
d. Must be from the following list:
i. Reckless homicide resulting from operation of a motor vehicle
ii. Voluntary or involuntary manslaughter resulting from operation of a motor vehicle
iii. Failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give required information and assistance
iv. Operating a vehicle while intoxicated resulting in death
v. Operating a vehicle with at least .10% of alcohol in the blood (before 7/1/1997) resulting in death
vi. Operating a vehicle with at least .10 gram of alcohol per 100 ml of blood or 210 liters of breath (after 6/30/1997 and before 7/1/2001) resulting in death
vii. Operating a vehicle with .08 gram of alcohol per 100 ml of blood or 210 liters of breath (after 6/30/2001) resulting in death
3. 10 year license suspension = 3 judgments in 10 years (9-30-10-4(b) and 9-30-10-5(b)(3))
a. Judgments must not arise from the same incident;
b. At least one judgment must be after March 1, 1984; and
c. Must be from the following list:
i. Operating a vehicle while intoxicated
ii. Operating a vehicle with at least .10% of alcohol in the blood (before 7/1/1997)
iii. Operating a vehicle with at least .10 gram of alcohol per 100 ml of blood or 210 liters of breath (after 6/30/1997 and before 7/1/2001)
iv. Operating a vehicle with .08 gram of alcohol per 100 ml of blood or 210 liters of breath (after 6/30/2001)
v. Operating a vehicle while license is suspended or revoked resulting from a conviction of an offense under 9-24-19-2, 9-24-19-3, or 9-24-19-4 (or 9-1-4-52 before its repeal on 7/1/1991 or 9-24-18-5(b) before its repeal on 7/1/2000).
1. A person is convicted for a criminal offense (as defined under IC 35-41-1-19) and receives a license suspension.
2. While suspended for that offense, the person is caught driving and convicted of driving while suspended under 9-24-19-2 (if offense date on or after July 1, 2012) or 9-24-19-3.
An Indiana Habitual Traffic Violator
The fact is this, with a series of poor driving decisions and mistakes, anyone can become an HTV in Indiana. That is why it is essential that you retain the services of a Traffic Attorney, in ANY instance that you receive a moving violation, because given the wrong set of circumstances, could put you in a serious bind.