20 Years Of Experience
On Your Side

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Protect Your Driving Privileges And Your Future

Are you accused of drunk driving or being a habitual traffic violator? You stand to lose your driver’s license, perhaps permanently. Under a recent change in Indiana law, this does not have to be a lifetime suspension. With legal help, you may qualify for a specialized driving permit (SDP) to regain the right to drive.

As a criminal defense lawyer with 20 years of experience, I can defend you against the OWI charges or underlying traffic offenses. The Law Office of NiCale Rector can also represent you in petitioning for an SDP. This permit is not automatically granted; we need to convince the court that you can be trusted with a motor vehicle.

OWI Defense In Madison County

A conviction for operating a vehicle while intoxicated can result in jail time, steep fines, license suspension and other penalties. That OWI on your record can cause problems with employment and result in very harsh punishment if you are arrested again in the future.

The Law Office of NiCale Rector has helped many local residents beat OWI charges or limit the consequences. I have handled every scenario, including first-time OWI, repeat offenses, underage drinking and driving, refusing the breath test, driving under the influence of drugs, or OWI with a child in the car. I know how to challenge the traffic stop, the field sobriety tests and other facets of an OWI.

First offenders may qualify for a Title 12 diversion. If you complete probation, pay your fines and attend drug and alcohol classes and a victim impact panel, your OWI is dismissed after one year.

Habitual Traffic Violator (HTV)

Indiana statute labels certain drivers as a menace to society. A habitual traffic violator is defined as (a) two major traffic offenses resulting in injury or death, (b) three major traffic offenses in 10 years or (c) nine traffic offenses plus one major offense in 10 years. Major offenses include drunk driving, reckless driving, drag racing, leaving the scene of an accident, fleeing from police, or driving while your license is suspended. If you are deemed an HTV, your driver’s license will be suspended for 5 to 10 years. I can represent you on any criminal charge or traffic violation that would trigger habitual violator status.

Are You Eligible For A Specialized Driving Permit (SDP)?

Under a change in the law in 2020, many drivers who were stripped of their license for OWI or HTV can qualify for limited driving privileges. The specialized driving permit (SDP) allows you to drive under specific circumstances. The paperwork must be properly submitted and the permit must also be renewed periodically.

What are you allowed to do under an SDP? It depends on the judge who handles your petition. One judge may say you can only drive to or from work. Another judge may allow for child-related activities so your children are not penalized for your actions. Some judges may designate specific stores you can drive to. I am familiar with all the judges in Madison County and surrounding jurisdictions and will argue for the maximum freedom under your SDP.

I Know How Important Your License Is

Habitual traffic violator is no longer a lifetime suspension, but you do need a lawyer who understands the specialized driving permit law and your rights. Call my office in Anderson at 765-227-2130 to arrange a consultation, or use the online form to tell me about your situation.