Indiana Driving While Suspended

DRIVING WHILE SUSPENDED IN INDIANA:

A person who operates a motor vehicle upon a highway when the person knows that the person’s driving privilege, license, or permit is suspended or revoked, when the person’s suspension or revocation was a result of the person’s conviction of an offense (as defined in IC 35-41-1-19) commits a Class A misdemeanor.

A person’s driving privileges can be suspended for a variety of reasons, including failing to pay outstanding tickets or civil judgments or as the result of a criminal conviction, such as drunk driving or possession of marijuana (if a vehicle is involved). A conviction for driving while suspended requires proof that the person knew that their driver’s license was suspended at the time they were driving. However, there is a rebuttable presumption that a person knows that their driver’s license is suspended if the bureau of motor vehicles mailed notice of the suspension to the person’s last reported address. Thus, it is important to keep a current address with the BMV.

DRIVING WHILE SUSPENDED:

In Indiana there are two different types of Driving While Suspended Charges: (1) a simple infraction (meaning non-criminal), and (2) a criminal charge as an A-Misdemeanor.

• DRIVING WHILE SUSPENDED INFRACTION: I.C. 9-24-19-1 says that when a person” operates a motor vehicle upon a highway while the person’s driving privilege, license, or permit is suspended or revoked commits a Class A infraction.” a DWS Infraction is when you are caught driving on a suspended license, and you DO NOT have a prior driving while suspended conviction/infraction in the past ten (10) years.

DRIVING WHILE SUSPENDED CRIMINAL MISDEMEANOR:

• PRIOR WITHIN 10 YEARS: I.C. 9-24-19-2 says that a person, “who: (1) knows that the person’s driving privilege, license, or permit is suspended or revoked; and (2) operates a motor vehicle upon a highway less than ten (10) years after the date on which the judgment was entered against the person for a prior Driving While Suspended” commits a Class A Misdemeanor.
• DRIVING ON A SUSPENSION FROM A PRIOR CRIMINAL CONVICTION: I.C. 9-24-19-3 says “a person who operates a motor vehicle upon a highway when the person knows that the person’s driving privilege, license, or permit is suspended or revoked, when the person’s suspension or revocation was a result of the person’s conviction of an offense. ” commits an A Misdemeanor.

If the offense results in serious bodily injury, it may be filed as a Level 6 Felony or a Level 5 Felony if the offense results in death. A first time conviction for driving while suspended will result in no less than a 90 day license suspension and can cause severe consequences for any future convictions for driving while suspended. A person who operates a motor vehicle on a public street or highway, while the person’s driving privileges are suspended or revoked, commits a Class A infraction. However, a second offense of driving while suspended, within 10 years of a prior judgment for driving while suspended, is a criminal offense and will be charged as a Class A misdemeanor. A Class A misdemeanor conviction for driving while suspended carries a possible penalty of up to one year in jail and a license suspension of 90 days to 2 years.

Driving While Suspended Defense

 If you are charged with driving while suspended, it is important to seek experienced criminal attorney. A conviction for driving while suspended can have both immediate and long term consequences. If so, our criminal defense attorneys at Vanderpool Law Firm, PC can provide the tough legal representation you need. We have assisted numerous clients in Kosciusko, Wabash and several other counties. Give us a call or use our contact us form for a consultation today!