3 N.E.3d 39
Ind. Ct. App.2014Background
- Hazelwood filed a petition in Marion Circuit Court to rescind a lifetime driving-privilege suspension and reinstate driving privileges.
- Hazelwood had a 10-year HTV suspension beginning January 10, 2006 after being deemed an HTV in 1996.
- He was convicted in 1997 of Class D felony operating a vehicle while suspended as an HTV, resulting in a lifetime suspension.
- In 1998, he was convicted of Class C felony operating a vehicle after his license had been forfeited for life.
- A 2012 petition led to a 2013 evidentiary hearing; the trial court found I.C. 9-30-10-14 prevented reinstatement and was not unconstitutional.
- The Indiana Court of Appeals affirmed, holding driving is a privilege, not a right, and the suspension is not punitive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lifetime suspension as applied violates constitutional protections | Hazelwood argues it violates proportionality and cruel/unusual-punishment provisions | State argues suspension serves public-safety and is not punishment | Not punitive; statute-applied challenge failed |
| Whether driving privileges constitute a protected right and thus the suspension raises constitutional concerns | Hazelwood treats driving as a right subject to constitutional limits | Driving is a privilege, not a right; state may suspend for public safety | Driving is a privilege; suspension not a constitutional violation under the asserted theories |
Key Cases Cited
- Schrefler v. State, 660 N.E.2d 585 (Ind. Ct. App. 1996) (driving-privilege suspension not punishment; remedial statute)
- Moala v. State, 969 N.E.2d 1061 (Ind. Ct. App. 2012) (license suspension not punitive)
- Ruge v. Kovach, 467 N.E.2d 681 (Ind. 1984) (driving-privileges suspension civil, not criminal punishment)
- Jensen v. State, 905 N.E.2d 384 (Ind. 2009) (seven-factor ex post facto test (not controlling here))
- Wallace v. State, 905 N.E.2d 371 (Ind. 2009) (ex post facto framework relevant to punishment-like sanction)
- Lindsey v. State, 888 N.E.2d 319 (Ind. Ct. App. 2008) (reformation of penal code; limits of constitutional application to penalty)