City and Town Court Judges October 17, 2013

1. City and Town Court Judges October 17, 2013

2. Court Documents • All court documents should be submitted to the BMV by one of the following: • CATS/Incite • All documents that can be sent this way, should be • Email • courtdocuments@bmv.in.gov for court documents • bmvcourts@bmv.in.gov for court questions • Mail • 100 N. Senate Ave., Rm. N402, Indianapolis, IN 46204 • Fax (***last resort because we cannot track them) • 317-233-3138 • No duplicates please! • Fax/E-mail not for public distribution please!

3. 2013 Legislative Changes Senate Bill 538 (BMV Bill) • Credentials, Convictions, Suspensions and Compacts • Changes to IC 9-24-15 re: restricted driving privileges due to hardship (aka hardship license) • Changes to 9-30-10 re: habitual traffic violators; SOL • Mimics language for probationary driving privileges for HTVs in all sections (cannot have violated HTV provisions) Senate Bill 563 (BMV Bill) • Vehicles, Watercrafts, Titles and Registrations Bill • Senate Bill 620 (BMV Bill) • Insurance/Financial Responsibility • Expungement or removal of an underlying conviction for which proof of financial responsibility was requested does not alter or otherwise affect a penalty imposed by the bureau for the person’s failure to provide proof of F.R. • Eliminates previously uninsured motorist registry (PUMR) • House Bill 1441 (non BMV bill) • Expungements/Sealing • House Bill 1082 • Signature on Vehicle Registration

4. What We Anticipate Seeing in Upcoming Legislative Session • General BMV Cleanup • Fee rewrite • Mopeds • ATVs • Insurance Verification and Penalties • Driving Privileges Only Card for Illegal Immigrants • Seal/Expunge/Restricted Access to Records • Criminal Code Rewrite

5. Court Orders and Vehicles • Petitions filed when “owner” can’t produce an ownership document or is a dispute as to legal owner; comes in various formats, typically small claims courts • BMV will review petition/record and issue “title letter” when no action is needed • IC 9-17-3-5: contents of Ct. order (when issued) • YOM, make, model, VIN, owner name and address • If Ct. order issued, also need application packet to obtain title from BMV; mailed to Central Office • IC 9-22-3-18: BMV cannot issue title to vehicle that has “Junk” brand issued by another state • If an “error” must return to the state that applied the “junk” brand

6. Common Errors We See That Slow Processing • PROBLEM: Old SR16 • SOLUTION: Please be sure to use the correct SR16. The old SR16s do not contain certain fields the BMV requires for processing. Because this has become such a large issue, the BMV is going to have to start sending them back if they are not the correct version. • The correct version is State Form 53124 R4/1-10/SR16 and can be found at: http://www.in.gov/bmv/2345.htm

7. Common Errors We See That Slow Processing • PROBLEM: Court orders sent in via multiple avenues. • SOLUTION: Please be sure to only have clerks/staff send the court order in one manner. We are starting to see so many duplicates, it is hugely slowing down the processing time. Also, please allow 5-10 days for processing.

8. Common Errors We See That Slow Processing • PROBLEM: Court indicates a conviction for Operating While Intoxicated where there is a PC Refusal and backdates suspension. • SOLUTION: Leave blank and BMV will automatically start it at the end of the refusal suspension or check box that says “consecutive to refusal suspension.”

9. Common Errors We See That Slow Processing • PROBLEM: An OWI conviction is received recommending a 30- day license suspension which implies that an SR17 (Order for Conditional Probation) should accompany the conviction. However, there is no SR17 form attached. • SOLUTION: Be sure to include the SR17 Order for Conditional License. The SR16 OWI conviction and the SR17 Probationary License should be either mailed oremailed together. (Can also be taken by fax but it cannot be tracked.) • Remember: OWIs with associated Order for Conditional Probation (SR17) cannot be sent electronically at this time. We are working to program for this.

10. Questions Answered • QUESTION: Can the BMV provide courts with BMV approved list of Driver Safety Programs?  • ANSWER: • National Safety Council, Inc. (classroom format) • Phone: 1-888-245-8450 • Email: ddc-in@nsc.org • Indiana Online Driver Improvement (internet format) • Phone: 1-877-972-4665 • Online: www.indianadriver.com • I Drive Safely d/b/a U.S. Interactive, Inc. (internet and video formats) • Internet format • Phone: 1-866-895-7282 • Online: www.indydriversafety.com • Video format • Phone: 1-800-505-5095 • Online: www.takehome.com

11. Driver Safety Programs • Additional Info: • 140 IAC 1-4.5-7 • Four (4) point credit; once every 3 years • Court ordered DSP v. BMV directed. • Misleading companies/websites; referred to the AG’s office

12. Questions Answered • QUESTION: Can a defendant who has been previously suspended get hardship driving privileges to drive to and from work? • ANSWER: : As of July 1, 2013, YES, if they have only had one other driving privileges suspension and meet all other requirements.

13. Questions Answered • QUESTION: If the BMV has made a mistake as to the processing of a court order, what is the best way for me to have/help the BMV expeditiously correct the mistake? • ANSWER: Use the “court only” email. If that doesn’t work, call my legal analyst.

14. Questions Answered • QUESTION: Is the BMV automatically suspending a Defendant’s license when convicted of possession of marijuana when a vehicle is found to be involved even when the court does not order a license suspension? • ANSWER: Yes, unless it is made clear that the individual was not the driver of the vehicle or no vehicle information is provided. If a conviction is sent to us indicating “driver” and license plate number, make and model of vehicle, etc., we put it on record. • OPTION: If you do not desire for the driver to have a suspension, do not send us the conviction.

15. Cheat Sheets • www.mybmv.com under Legal Professionals (left-hand column) • http://www.in.gov/bmv/2345.htm • Chemical Tests and Operating A Vehicle While Intoxicated • Suspension periods and probationary license options applicable for chemical tests and operating a vehicle while intoxicated (OVWI). • Hardships (IC 9-24-15) • Eligibility requirements for obtaining a hardship license. • Habitual Traffic Violators (HTV) (IC 9-30-10) • List of convictions and judgments that result in classifying a person as HTV and associated periods of suspension • Probationary license requirements

16. Questions • General Questions/Issues • Email for COURT QUESTIONS ONLY – bmvcourts@bmv.in.gov • Legal Questions • Elizabeth Murphy, General Counsel • (317) 234-5217 • emurphy@bmv.in.gov • Denise Chadwick, Legal Analyst • (317) 232-7043 • dchadwick@bmv.in.gov • Mark Goodrich, Staff Attorney • (317) 233-1663 • mgoodrich@bmv.in.gov

17. FURTHER QUESTIONS????