Indianapolis Suspended License Lawyer
Here to Help You Avoid Harsh Criminal Penalties
Hayes Law Office understands that not having your license can lead to many potential issues for you in the near future. But driving with a suspended or revoked license is considered a criminal offense. This can lead to jail time or community service time served.
If you have been accused of driving with a suspended license, the Indianapolis suspended license attorney represents clients throughout Indiana. The firm will help you completely avoid any negative impact these serious charges may bring to your life and driving privileges. The firm provides the best experience when it comes to criminal cases.
What Happens If You Drive with a Suspended License in Indiana?
Under Indiana Code 9-24-19-2, “an individual who: (1) knows that [his] driving privileges, driver’s license, or permit is suspended or revoked; and (2) operates a motor vehicle upon a highway less than (10) years after the date on which judgment was entered against the individual for a prior unrelated violation of section 1 of this chapter; commits a Class A misdemeanor.” IC § 9-24-19-2 (Burns, Lexis Advance through P.L.210-2018, with gaps of P.L.177-2018, P.L.189-2018, and P.L.208-2018, from the Second Regular Session of the 120th General Assembly). A Class A misdemeanor can result in a $5000 fine and up to one (1) year in jail.
Furthermore, if you drive with a suspended or revoked license, you risk further license suspension. If you caught driving with a suspended license, then your time of suspension will be extended or re-new back to the original time of suspension. If you are caught driving with a revoked license, then you will not be reinstated your driver’s license for a year or more. You may be viewed as a habitual traffic offender, which could lead to a longer term of license suspension in addition to likely receiving points on your license.
What is Notice?
According to Coats v. State, in order to be convicted of driving with a suspended license, the driver needs to have known or have had a reasonable opportunity to know that his license was suspended. Coats v. State, 697 N.E.2d 1261(Ind. Ct. App. 1998). This means adequate notice needs to be provided to the defendant that he has a suspended license and cannot drive.
Notice can come in the form of the Bureau of Motor Vehicles (BMV) mailing notice of suspension to the defendant. It is the State’s burden to prove adequate notice was provided. If you are unsure of your license status, you may request your driving record through the Indiana BMV.
Request a Free Consultation Today
Are you or a loved one currently driving with a suspended license? If so, reach out to Hayes Law Office today for help getting your license back as soon as possible. In most cases, the courts can order your local BMV to suspend your license or driving privileges. Your license can get suspended for several different violates like DUI or having too many speeding tickets on your record.
Contact us today to learn about our experienced legal services in Indianapolis.
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