State of Indiana and Indiana Bureau of Motor Vehicles v. Daniel Reinhart
State of Indiana and Indiana Bureau of Motor Vehicles v. Daniel Reinhart
Opinion
The proper venue for seeking specialized driving privileges depends on whether the petitioner's underlying suspension was court ordered or whether it was imposed administratively by the BMV. The latter suspension type requires the petitioner to seek relief in his or her county of residence; the former requires the petitioner to file in each court that ordered a suspension.
But where is the proper venue for seeking relief when that person "forfeits" driving privileges for life following a felony conviction for driving while suspended? Because we consider this lifetime forfeiture an administrative suspension, we hold the proper venue is the trial court in a person's county of residence. We thus affirm the trial court's order granting Reinhart's petition for specialized driving privileges.
*709 Facts and Procedural History
Daniel Reinhart, a resident of Adams County, is subject to three separate driver's license suspensions. The BMV imposed two of these suspensions, in 2012 and 2015, for habitual traffic violations in Adams County. The third suspension is a lifetime forfeiture resulting from a 2015 felony conviction in Noble County for driving while suspended as a habitual traffic violator.
See
In 2017, Reinhart petitioned the Adams Superior Court for specialized driving privileges (SDP), seeking relief from all three suspensions under Indiana Code section 9-30-16-4 (Section 4). 1 Section 4 requires drivers suspended by administrative action of the BMV to petition the court of his or her county of residence. I.C. § 9-30-16-4(d)(1) (2016). But for court-ordered license suspensions, Indiana Code section 9-30-16-3 (Section 3) requires the suspended driver to petition "each court that has ordered or imposed a suspension of the individual's driving privileges." I.C. § 9-30-16-3(b) (2016) (we refer to Sections 3 and 4 collectively as the SDP Statute).
The Adams Superior Court granted Reinhart's SDP petition, despite the State's questioning of its jurisdiction over the "sentence" imposed by the Noble Superior Court. Tr., p.12. The SDP order stayed all three suspensions for two years, allowing Reinhart to drive to and from work, to visit his children, and to other limited locations (for example, to buy groceries or attend medical appointments) at specified times. The State moved to correct error, arguing that the Adams Superior Court lacked jurisdiction to stay or modify the lifetime forfeiture imposed by the Noble Superior Court. The Adams Superior Court disagreed, characterizing the lifetime forfeiture as an administrative suspension over which it properly exercised jurisdiction.
Our Court of Appeals reversed and remanded, instructing the trial court to "vacate that portion of its order related to Reinhart's Noble County suspension."
State v. Reinhart
,
Although our General Assembly has since amended Section 16 to remove the lifetime license forfeiture,
see
Pub. L. No. 188-2015, § 117,
Standard of Review
We typically review a trial court's ruling on a motion to correct error
*710
for an abuse of discretion.
Becker v. State
,
Discussion and Decision
In 1929, the Indiana General Assembly adopted the state's first law governing the licensing of drivers.
See
Act of Mar. 13, 1929, ch. 162,
The modern incarnation of this offense-codified in 1972 by the Habitual Traffic Offender Act-is part of a larger legislative scheme imposing increasingly serious sanctions on a person it defines as a habitual traffic violator (or HTV).
See
Pub. L. No. 81-1972, § 1,
But in recognizing the critical role automobiles play in people's lives, the legislature has long offered relief-albeit limited-to those suspended drivers who can demonstrate hardship. Before 2015, suspended drivers could petition for a "restricted" driving permit "for the
sole and exclusive purpose
of driving to and from work" if the suspension "would work an undue hardship" on the individual's "family and dependents." I.C. § 9-5-2-1 (1976) (recodified at I.C. § 9-24-15-2 (1993) (repealed 2015) ) (emphasis added).
See also
Gibson v. Hernandez
,
The SDP Statute's passage in 2014 expanded the relief available to those with driver's license suspensions.
See
Pub. L. No. 217-2014, § 154,
To secure relief, a petitioner for SDP must follow specific pleading requirements. See I.C. §§ 9-30-16-3(b) (listing conditions for form, filing, and service of process); 9-30-16-4(b) (same). And the proper venue in which to file depends on whether the petitioner's underlying suspension was court ordered or imposed by the BMV. The latter suspension type requires the petitioner to file in his or her county of residence, while the former type requires the petitioner to file in each court that ordered a suspension. I.C. §§ 9-30-16-3(b) ; 9-30-16-4(d)(1).
Here, the parties agree that Reinhart properly petitioned the Adams Superior Court for the two HTV suspensions imposed by the BMV in 2012 and 2015. The dispute centers instead on the proper venue for seeking relief from the lifetime forfeiture of driving privileges resulting from Reinhart's 2015 felony conviction in Noble County. Resolution of this dispute turns on whether the lifetime license forfeiture imposed under Section 16 constitutes an administrative or court-ordered suspension, as those terms apply to the SDP Statute.
Section 16 makes it a Level 6 felony for a person who knowingly drives with a suspended license. I.C. § 9-30-10-16(a). But at the time of Reinhart's conviction, Section 16 added that,
[i]n addition to any criminal penalty, a person who is convicted of a felony under subsection (a) forfeits the privilege of operating a motor vehicle for life . However, if judgment for conviction of a Class A misdemeanor is entered for an offense under subsection (a), the court may order a period of suspension of the convicted person's driving privileges that is in addition to any suspension of driving privileges already imposed upon the person.
I.C. § 9-30-10-16(c) (emphasis added) (repealed 2015).
Whether the lifetime forfeiture of driving privileges is administrative or court ordered is a question of statutory interpretation. "The goal of statutory interpretation is to discern and further the intent of the legislature."
West v. Office of Indiana Sec'y of State
,
I. Sections 3 and 4 designate venue rather than confer jurisdiction.
We must first decide whether, under Indiana Code chapter 9-30-16, a trial court in one county has subject-matter jurisdiction to adjudicate an SDP petition when an underlying suspension resulted upon conviction by a trial court in another county.
Subject-matter jurisdiction is the constitutional or statutory power of a court "to hear and determine cases of the general class to which any particular proceeding belongs."
K.S. v. State
,
Here, the Adams Superior Court, as with all Superior Courts in Indiana, exercises "original and concurrent jurisdiction in all civil cases and in all criminal cases."
See
I.C. § 33-29-1-1.5. And the SDP Statute neither restricts a court's subject-matter jurisdiction nor confers it exclusively to a particular court.
4
The statute instead simply prescribes venue, "the location at which trial proceedings are to occur from among the courts empowered to exercise jurisdiction."
5
J.T.D.
,
This "special procedure" controls "the exercise of the judicial function."
State ex rel. Root v. Circuit Court of Allen Cty.
,
In concluding that the SDP Statute establishes venue requirements, we reject the State's argument that the Adams Superior Court lacked subject-matter jurisdiction to stay the lifetime license forfeiture imposed by the Noble Superior Court.
II. Absent a conviction modification, a lifetime license forfeiture under Section 16 is an administrative suspension.
Reinhart argues that a lifetime license forfeiture is an administrative suspension subject to Section 4. Upon his felony conviction, he insists, the forfeiture resulted by operation of law. The State counters that a lifetime forfeiture is a court-ordered suspension subject to Section 3 because "only a court may impose criminal punishment on someone convicted of a felony." Appellant's Br. at 15. Without the court's judgment of conviction, the State contends, the "BMV did not have the authority to suspend Reinhart's license under Indiana Code section 9-30-10-16," and "any attempt to allow the BMV to impose criminal punishment would violate the separation *713 of powers doctrine." Id. at 15-16; Resp. to Trans. at 12.
A. As a collateral consequence of conviction, the lifetime license forfeiture is an administrative suspension.
We agree with the State that only trial courts may impose criminal judgments. Indeed, the "penal consequences of a guilty finding are triggered only by the entry of a judgment of conviction."
Gardiner v. State
,
A sanction is a criminal punishment when its purpose is punitive rather than remedial.
7
Moala v. State
,
Some collateral consequences impose onerous, long-lasting burdens on an individual.
See, e.g.
,
In re Matter of S.D.
,
The General Assembly enacted the HTV Law "to reduce the number of motor vehicle accidents in this state and to provide greater safety to the motoring public by denying to habitual traffic offenders the privilege of operating a motor vehicle." Pub. L. No. 81-1972, § 1, 1972 Ind. Acts at 510. In reiterating this purpose, this Court explained that "the deprivation of the license to drive" by operation of law "is not a punishment as a result of a criminal proceeding, but is rather an exercise of the police power for the protection of the public."
State ex rel. Van Natta v. Rising
,
Although the HTV Law no longer includes an express purpose, our Court of Appeals has consistently interpreted a driver's license suspension, "[w]hether it be for life or for a more limited time," as a remedial or regulatory measure.
Hazelwood v. State
,
To be sure, Section 16 defines a criminal offense. I.C. § 35-52-9-53 (" IC 9-30-10-16 defines a crime concerning habitual violator of traffic laws."). And a trial court may impose additional penalties on a person convicted of a driving offense.
See
I.C. § 9-30-16-1 (permitting a court to "suspend the driving privileges of a person convicted of [certain] offenses [involving the use of a motor vehicle] for a period up to the maximum allowable period of incarceration under the penalty"). But the HTV Law as a whole-of which Section 16 forms a part-embodies a larger "administrative suspension scheme" in which driving privileges "may be withheld, suspended or revoked by the State for reasons involving public safety."
Schrefler v. State
,
This conclusion tracks the opening sentence of subsection 16(c), which clearly signals that a lifetime license forfeiture is separate from "any criminal penalty" the trial court may impose. I.C. § 9-30-10-16(c). Nothing in that sentence requires judicial action; the felony conviction itself triggers the non-discretionary penalty.
See
Pillow v. State
,
Our conclusion here also harmonizes with the legislative mandate of Indiana Code section 9-30-10-17.
See
Klotz v. Hoyt
,
Finally, interpreting Section 16's lifetime forfeiture as an administrative suspension comports with the legislative mandate that courts construe traffic-offense statutes "to secure simplicity and uniformity in procedure" and to further "the elimination of unjustifiable expense and delay." I.C. § 9-30-3-1. The State's reading of the statute, by contrast, would require individuals to petition each court from which a lifetime *715 forfeiture arose, increasing exponentially the number of SDP petitions filed and adding to the already-congested dockets of our trial courts.
B. A conviction modification under Section 16 results in a court-ordered suspension.
Unlike the opening sentence of subsection 16(c), its second sentence expressly vests discretionary authority in the trial court to "order a period of suspension" when "
judgment for conviction
of a Class A misdemeanor
is entered
for an offense under subsection (a)." I.C. § 9-30-10-16(c) (emphasis added). This second sentence implicates two criminal statutes governing the conversion of Level 6 felonies to Class A misdemeanors: Indiana Code sections 35-50-2-7 and 35-38-1-1.5. The former statute permits a trial court to modify the conviction at the time it delivers its sentence. I.C. § 35-50-2-7(c) (2014) ;
State v. Brunner
,
Given this context, we conclude that the second sentence of subsection 16(c), when exercised at the trial court's discretion, transforms an administrative forfeiture into a court-ordered suspension.
See
State v. Vankirk
,
In sum, we hold that, under Section 16, a conviction modification from a Level 6 felony to a Class A misdemeanor results in a court-ordered suspension. But with no conviction modification, a lifetime license forfeiture constitutes an administrative suspension for purposes of the SDP Statute. 10
*716 Conclusion
Today, an estimated 420,000 Hoosiers navigate their daily lives with suspended driving privileges. Ryan T. Schwier & Autumn James, Indiana University McKinney School of Law, Roadblock to Economic Independence: How Driver's License Suspension Policies in Indiana Impede Self-Sufficiency, Burden State Government & Tax Public Resources 6 (2016), available at https://mckinneylaw.iu.edu/practice/clinics/_docs/DL_Rpt_2-1-16.pdf. With few alternative forms of transportation, many of these individuals face significant barriers to maintaining employment and supporting their families, an outcome that effectively discourages economic independence. Id. at 35. To be sure, Indiana's traffic laws play a critical role in keeping the roads safe for drivers in the state. And those who violate these laws must be held accountable. But when the legislature has offered an avenue of relief to those who can demonstrate hardship, and when a court determines that they no longer threaten public safety, we see no reason to impose additional roadblocks.
For the reasons specified above, we affirm the trial court's order granting Reinhart's petition for relief from all three suspensions under Indiana Code section 9-30-16-4.
Rush, C.J., and David, Slaughter, and Goff, JJ., concur.
"A person whose driving privileges are suspended or forfeited for a determined period or for life under this chapter is eligible for specialized driving privileges."
The Habitual Traffic Offender Act has manifested itself in various places in the Motor Vehicle Code over the years. First codified at Indiana Code chapter 9-4-13, the Act became Indiana Code article 9-12 in 1984 under the heading of Habitual Violator of Traffic Laws.
See
Pub. L. No. 79-1984, §§ 1, 2,
The other principal avenue of relief, Indiana Code section 9-30-10-14.1, permits a person, under certain conditions and after a specified number of years, to petition a court for a rescission of a lifetime suspension. I.C. § 9-30-10-14.1 (2016).
Comparatively, for example, a "juvenile court has exclusive original jurisdiction" over cases involving delinquent children or children in need of services. I.C. § 31-30-1-1.
Indiana Code section 9-30-10-14.1 similarly designates venue by requiring a person to petition a court in his or her county of residence "for a rescission of [a lifetime] suspension order and reinstatement of driving privileges." I.C. § 9-30-10-14.1(b) -(c), (f).
Trial Rule 75(D) also renders "ineffective" those statutes imposing "more stringent" venue requirements. See also I.C. § 34-8-1-3 ("[A]ll laws in conflict with the supreme court's rules [governing practice and procedure] have no further force or effect."). But because the issue is not dispositive here, we need not decide whether the SDP Statute's venue requirements conflict with this rule.
A statute is "remedial" if it serves to "enforce rights or redress injuries" or to correct a defect in the law. Black's Law Dictionary 1634 (10th ed. 2014).
The certified abstract of court record used here, commonly referred to as the SR16, is the form used by trial courts to notify the BMV of "the conviction of a person in the court for a violation of a law relating to motor vehicles." I.C. § 9-30-13-0.5(a) (2015). The abstract itself "must be in the form prescribed by the [BMV]." I.C. § 9-30-13-0.5(e).
While the "entry of a judgment of conviction under this section does not affect the application of any statute requiring the
suspension
of a person's driving privileges," I.C. § 35-38-1-1.5(e) (emphasis added), the section does
not
prohibit a modification of a defendant's driving privileges from a
lifetime forfeiture
,
State v. Vankirk
,
We note that, at the hearing on the State's motion to correct error, counsel for the BMV acknowledged repeatedly that a lifetime forfeiture is "an administrative suspension mandatorily imposed by state law upon conviction" under Section 16, "regardless of what the judge does" and "whether or not the judge makes reference to it in his order." Tr., p.24.
Reference
- Full Case Name
- STATE of Indiana and Indiana Bureau of Motor Vehicles, Appellants (Respondents Below) v. Daniel REINHART, Appellee (Petitioner Below)
- Cited By
- 20 cases
- Status
- Published