(a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: (1) The denial or suspension results in a case of extreme and unusual hardship; and (2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member. (b) The issuance of a restricted driving permit under this section is solely within the discretion of the office. (c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted. (d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , or § 5-65-310 , a second or subsequent time within five (5) years of the first offense. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2. (a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: (1) The denial or suspension results in a case of extreme and unusual hardship; and (2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member. (b) The issuance of a restricted driving permit under this section is solely within the discretion of the office. (c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted. (d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , or § 5-65-310 , a second or subsequent time within five (5) years of the first offense. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2. (a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: (1) The denial or suspension results in a case of extreme and unusual hardship; and (2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member. (b) The issuance of a restricted driving permit under this section is solely within the discretion of the office. (c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted. (d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , or § 5-65-310 , a second or subsequent time within five (5) years of the first offense. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2. (a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: (1) The denial or suspension results in a case of extreme and unusual hardship; and (2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member. (1) The denial or suspension results in a case of extreme and unusual hardship; and (2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member. (A) The person: (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (i) Is not a multiple traffic law offender; or (ii) Does not present a threat to the general public; and (B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member. (i) To and from the person's place of employment; (ii) In the course of the person's employment; (iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution; (iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or (v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member. (b) The issuance of a restricted driving permit under this section is solely within the discretion of the office. (c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted. (d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103 , § 5-65-205 , § 5-65-303 , or § 5-65-310 , a second or subsequent time within five (5) years of the first offense. Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2.
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