IC 9-33-4-5: Granting petition without a hearing; denial; objections

Sec. 5. (a) If the prosecuting attorney does not object, or has waived objection to the petition under section 4 of this chapter, the court may grant the petition for traffic amnesty without a hearing.

(b) The court may summarily deny a petition if the petition does not meet the requirements of this chapter or if the statements contained in the petition demonstrate that the petitioner is not entitled to relief.

(c) If the prosecuting attorney objects to the petition, the prosecuting attorney shall file the reasons for objecting to the petition with the court and serve a copy of the objections on the petitioner at the time the prosecuting attorney objects to the petition. The court shall set the matter for hearing not earlier than sixty (60) days after service of the petition on the prosecuting attorney.