Q: Timeframe for court hearing on specialized driving privileges and plea deal options in Indiana OWI case

A: Your request for specialized driving privileges in Indiana should generally be addressed within a few weeks to a few months after filing, depending on the court’s docket and any delays caused by continuances. Since your February hearing was postponed due to your attorney’s absence, the new April 30 date will likely be when the court finally hears your petition. If granted, the court can issue an order the same day or shortly thereafter, allowing you to resume limited driving under specific conditions.

As for the plea deal, you are not obligated to accept a plea that includes a charge you did not commit or that you reasonably dispute. You have the right to reject the offer and take the case to trial if you believe the facts or the law are on your side. The Ativan charge, especially if you did not possess it knowingly or unlawfully, can be contested through evidence or by challenging the legality of the search or arrest that led to it.

The discrepancies in the probable cause affidavit—specifically the two different speeds—could undermine the credibility of the officer’s report. If the affidavit contains material inconsistencies, your attorney may be able to challenge its validity through a motion to suppress or use it to weaken the prosecution’s case. Make sure these errors are preserved in the record and raised formally. Your defense rests not only on the facts but on holding the state accountable to follow the law with precision.