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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4476
Experience:  Almost 12 years of legal experience
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I am trying to find out how I go about getting a hardship

Customer Question

I am trying to find out how I go about getting a hardship license in Indiana
JA: Have you talked to a lawyer yet?
Customer: I cant afford a lawyer and I called the service I used before for a lawyer and they cant help me with it
JA: Anything else you think the lawyer should know?
Customer: I am suspended for no insurance until April 2017
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I said Indiana already
Submitted: 8 months ago.
Category: Legal
Expert:  Hammer O'Justice replied 8 months ago.

Hello.

I'm sorry to hear about your license. You can likely petition the court without an attorney. You have to petition in the superior or circuit court in the county where you live, so I would suggest starting with the clerk of court there to see if they have a petition you can fill out. Most do pre-printed petitions so you don't have to draft it yourself...you just have to fill in the blanks.

However, with respect to a suspension for failure to have insurance, in order to get a hardship license, you have to prove that your failure to have insurance was an accident. If you didn't have insurance purposefully, then you will not be eligible for a hardship license. You may have to testify under oath in court about the circumstances that led to you not having insurance in order to prove that it was accidental. If, for example, the payment got lost in the mail or something like that, you may be able to get a hardship. If you let it lapse on purpose, however, you can't get the license. Here is some background information on hardship licenses that you may find useful:

http://www.in.gov/bmv/files/Hardship_License_-_BMV_Cheat_Sheet.pdf

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