3 N.E.3d 39
Ind. Ct. App.2014Background
- Hazelwood had repeated driving suspensions dating to 1991; declared a habitual traffic violator in 1996 and given a 10-year suspension.
- After continuing to drive, he was convicted in 1997 of Class D felony (driving while suspended as an HTV), which led to a life forfeiture of his license.
- In 1998 he was convicted of Class C felony for operating a vehicle after license forfeiture for life and sentenced to three years imprisonment.
- In 2012 Hazelwood petitioned the Marion Circuit Court to rescind his lifetime suspension and reinstate his driving privileges, presenting evidence of rehabilitation and hardship.
- Trial court held Indiana Code §§ 9-30-10-14 and 9-30-10-15 bar reinstatement for anyone convicted under § 17 (operating after life forfeiture) and that the statutes are not unconstitutional as applied; Hazelwood appealed.
Issues
| Issue | Hazelwood's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the statutory bar on reinstatement as applied violates constitutional protections by effectively continuing punishment | The lifetime ban, despite rehabilitation, is punitive and therefore violates (1) the Indiana principle favoring reformation over vindictive justice, (2) proportionality, and (3) prohibition on cruel and unusual punishment | Driving is a privilege, not a right; the suspension is civil/remedial for public safety, not punishment; statutes validly bar reinstatement after conviction under § 17 | Court held suspension is not punishment; constitutional challenges fail and reinstatement was properly denied |
Key Cases Cited
- Schrefler v. State, 660 N.E.2d 585 (Ind. Ct. App. 1996) (license suspension is civil/remedial, not punishment)
- Ruge v. Kovach, 467 N.E.2d 673 (Ind. 1984) (no absolute right to a driver’s license; suspension for public safety)
- Jensen v. State, 905 N.E.2d 384 (Ind. 2009) (multi-factor test for punitive effect of regulatory sanctions)
- Schweitzer v. State, 700 N.E.2d 488 (Ind. Ct. App. 1998) (statutes presumed constitutional; challenger bears burden)
- Boehm v. Town of St. John, 675 N.E.2d 318 (Ind. 1996) (resolving statutory ambiguities toward constitutionality)
- Moala v. State, 969 N.E.2d 1061 (Ind. Ct. App. 2012) (reiterating that license suspension is not punitive)