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STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT
) SS
COUNTY OF ALLEN ) CASE NO. 02D09-2307-MI-000469
KEVIN HAY, ) ORDER OR JUDGMENT OF THE COURT
D.O.B. 04/28/1988 )
DL #: XXXX-XX-0954 )
Petitioner, )
)
vs. )
INDIANA BUREAU OF MOTOR VEHICLES )
And MICHAEL J. MCALEXANDER, Prosecutor )
of Allen County, Indiana, )
Respondent. )
Petitioner by counsel, Ryan Lackey and Respondent, Michael J. McAlexander Prosecutor of Allen
County, Indiana, by Deputy Prosecuting Attorney, David H. McClamrock. The matter is submitted to
the Court. The Court, having considered the Verified Petition and the response of the Respondent(s),
makes the following findings in accordance with the terms and provisions of I.C. 9-30-16-et seq.:
1. Petitioner is a male, 35 years of age, date of birth, April 28, 1988, and resides at 1235 W.
Berry St., Fort Wayne, IN 46802.
2. Petitioner holds, or has previously held, a valid Indiana driver’s license.
3. Petitioner’s driving privileges are currently suspended.
4. Petitioner is not currently suspended for refusal to submit to a chemical test offered
pursuant to I.C. 9-30-6.
5. Petitioner has not previously been granted specialized driving privileges under I.C. 9-30-16-3
and been convicted under I.C. 9-30-16-5.
WHEREFORE, the Court, pursuant to I.C. 9-30-16-3(a) stays the Petitioner’s suspension of driving
privileges for the following:
Susp ID 25 OWI Endangerment Effective Date of Susp 11/17/2022
FURTHER, the Court, pursuant to I.C. 9-30-16-3(c), grants the Petitioner’s request for specialized
driving privileges and grants permission to the Petitioner to drive a motor vehicle subject to the
restrictions and conditions as per Exhibit A attached hereto.
These specialized driving privileges are in effect beginning 8/17/2023 until 11/17/2023.
DATED: August 17, 2023
EXHIBIT A
• Petitioner shall be in possession of a validly issued state identification card or driver’s license
while driving.
• Petitioner shall carry a copy of this Order or have a copy in the vehicle while driving.
• Petitioner shall maintain proof of future financial responsibility (proof of automobile liability
insurance coverage) during the period of time that the specialized driving privileges are and
will be in effect.
• Petitioner is prohibited from operating a motor vehicle or motorized bicycle with an alcohol
concentration equivalent to at least two-hundredths (0.02) gram of alcohol per:
• one hundred (100) milliliters of petitioner’s blood; or,
• two hundred ten (210) liters of petitioner’s breath;
or while under the influence of any other intoxicating substance.
• Petitioner must submit to a test to determine the Petitioner’s blood alcohol level if a law
enforcement officer lawfully stops the Petitioner while operating a motor vehicle or motorized
bicycle and requests Petitioner to submit to a test.
• Petitioner shall not be in possession of any illegal controlled substances while operating a
motor vehicle or motorized bicycle, or, knowingly permit anyone in the vehicle to be in
possession of any illegal controlled substances.
• Petitioner’s driving privileges are limited to:
• Driving from residence to place of employment and back traveling the most direct route.
Petitioner is currently employed FAK Logistics, 201 W. Main St., Fort Wayne, IN
Petitioner may not drive for purposes of self-employment.
If Petitioner becomes employed with any other employers, Petitioner shall carry
documentation, electronic or in writing, confirming employment and containing the
name, address and telephone number of each employer.
Petitioner is to carry documentation, electronic or in writing, from employer as to the dates
and hours of employment at all times while driving. The documentation must contain a
name and telephone number of a person or persons with Petitioner’s employer that can be
contacted by a law enforcement officer to verify this information.
In the event that Petitioner must travel to locations other than the employer’s address
during the course of employment, Petitioner must carry documentation, electronic or in
writing, from the employer containing the date of travel and the address or addresses of the
destinations. In addition, the documentation shall contain a name and telephone number
of a person or persons with Petitioner’s employer that can be contacted by a law
enforcement officer to verify this information. The Petitioner shall travel to off-site locations
by the most direct route.
In the event of unscheduled overtime, Petitioner is to carry documentation from employer
as to the date and hours of the unscheduled overtime at all times while driving to or from
the place of employment. The proof must contain a name and telephone number of a person
or persons that can be contacted by a law enforcement officer to verify the information that
Petitioner is about to or has just worked overtime.
• Driving to and from:
• Religious services
• Medical and dental appointments for Petitioner and members of the Petitioner’s family
residing with Petitioner
• Alcohol/Substance abuse counseling and/or therapy
• Court appearances and probation appointments
• Shopping for necessities between the hours of 9 am and 2 pm.
Petitioner should carry documentation that would prove participation of any of these
activities such as: appointment cards, bulletins, receipts or any other document that
contains a date of the activity.
• Driving for the purpose of exercising visitation with Petitioner’s minor children who reside at
Carroll Rd, Fort Wayne. In. Petitioner shall provide any law enforcement officer with the
name and telephone number of a person or persons that can be contacted by the law
enforcement officer to verify the information that Petitioner is traveling for the purpose of
exercising visitation.
• Driving Petitioner’s children to and from daycare, school, church and scheduled school and
church activities, including sporting events, presentations, etc. Petitioner must carry
documentation of any scheduled events that are not occurring at the location of the school
or church.
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STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT ) SS COUNTY OF ALLEN ) CASE NO. 02D09-2307-MI-000469 KEVIN HAY, ) ORDER OR JUDGMENT OF THE COURT D.O.B. 04/28/1988 ) DL #: XXXX-XX-0954 ) Petitioner, ) ) vs. ) INDIANA BUREAU OF MOTOR VEHICLES ) And MICHAEL J. MCALEXANDER, Prosecutor ) of Allen County, Indiana, ) Respondent. ) Petitioner by counsel, Ryan Lackey and Respondent, Michael J. McAlexander Prosecutor of Allen County, Indiana, by Deputy Prosecuting Attorney, David H. McClamrock. The matter is submitted to the Court. The Court, having considered the Verified Petition and the response of the Respondent(s), makes the following findings in accordance with the terms and provisions of I.C. 9-30-16-et seq.: 1. Petitioner is a male, 35 years of age, date of birth, April 28, 1988, and resides at 1235 W. Berry St., Fort Wayne, IN 46802. 2. Petitioner holds, or has previously held, a valid Indiana driver’s license. 3. Petitioner’s driving privileges are currently suspended. 4. Petitioner is not currently suspended for refusal to submit to a chemical test offered pursuant to I.C. 9-30-6. 5. Petitioner has not previously been granted specialized driving privileges under I.C. 9-30-16-3 and been convicted under I.C. 9-30-16-5. WHEREFORE, the Court, pursuant to I.C. 9-30-16-3(a) stays the Petitioner’s suspension of driving privileges for the following: Susp ID 25 OWI Endangerment Effective Date of Susp 11/17/2022 FURTHER, the Court, pursuant to I.C. 9-30-16-3(c), grants the Petitioner’s request for specialized driving privileges and grants permission to the Petitioner to drive a motor vehicle subject to the restrictions and conditions as per Exhibit A attached hereto. These specialized driving privileges are in effect beginning 8/17/2023 until 11/17/2023. DATED: August 17, 2023 EXHIBIT A • Petitioner shall be in possession of a validly issued state identification card or driver’s license while driving. • Petitioner shall carry a copy of this Order or have a copy in the vehicle while driving. • Petitioner shall maintain proof of future financial responsibility (proof of automobile liability insurance coverage) during the period of time that the specialized driving privileges are and will be in effect. • Petitioner is prohibited from operating a motor vehicle or motorized bicycle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per: • one hundred (100) milliliters of petitioner’s blood; or, • two hundred ten (210) liters of petitioner’s breath; or while under the influence of any other intoxicating substance. • Petitioner must submit to a test to determine the Petitioner’s blood alcohol level if a law enforcement officer lawfully stops the Petitioner while operating a motor vehicle or motorized bicycle and requests Petitioner to submit to a test. • Petitioner shall not be in possession of any illegal controlled substances while operating a motor vehicle or motorized bicycle, or, knowingly permit anyone in the vehicle to be in possession of any illegal controlled substances. • Petitioner’s driving privileges are limited to: • Driving from residence to place of employment and back traveling the most direct route. Petitioner is currently employed FAK Logistics, 201 W. Main St., Fort Wayne, IN Petitioner may not drive for purposes of self-employment. If Petitioner becomes employed with any other employers, Petitioner shall carry documentation, electronic or in writing, confirming employment and containing the name, address and telephone number of each employer. Petitioner is to carry documentation, electronic or in writing, from employer as to the dates and hours of employment at all times while driving. The documentation must contain a name and telephone number of a person or persons with Petitioner’s employer that can be contacted by a law enforcement officer to verify this information. In the event that Petitioner must travel to locations other than the employer’s address during the course of employment, Petitioner must carry documentation, electronic or in writing, from the employer containing the date of travel and the address or addresses of the destinations. In addition, the documentation shall contain a name and telephone number of a person or persons with Petitioner’s employer that can be contacted by a law enforcement officer to verify this information. The Petitioner shall travel to off-site locations by the most direct route. In the event of unscheduled overtime, Petitioner is to carry documentation from employer as to the date and hours of the unscheduled overtime at all times while driving to or from the place of employment. The proof must contain a name and telephone number of a person or persons that can be contacted by a law enforcement officer to verify the information that Petitioner is about to or has just worked overtime. • Driving to and from: • Religious services • Medical and dental appointments for Petitioner and members of the Petitioner’s family residing with Petitioner • Alcohol/Substance abuse counseling and/or therapy • Court appearances and probation appointments • Shopping for necessities between the hours of 9 am and 2 pm. Petitioner should carry documentation that would prove participation of any of these activities such as: appointment cards, bulletins, receipts or any other document that contains a date of the activity. • Driving for the purpose of exercising visitation with Petitioner’s minor children who reside at Carroll Rd, Fort Wayne. In. Petitioner shall provide any law enforcement officer with the name and telephone number of a person or persons that can be contacted by the law enforcement officer to verify the information that Petitioner is traveling for the purpose of exercising visitation. • Driving Petitioner’s children to and from daycare, school, church and scheduled school and church activities, including sporting events, presentations, etc. Petitioner must carry documentation of any scheduled events that are not occurring at the location of the school or church.