Driving with a Suspended License

Driving with a Suspended License can result in a $5000 fine and up to 1 year in jail. If your license is suspended for any reason, you should not be driving. However, losing your license can impose a heavy burden on your life and the lives of the people around you. So what happens if you decide to drive on your suspended license? You are very likely going to be charged with a criminal offense and may obtain a longer license suspension.

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Currently driving with a suspended license?

Are you or a loved one currently driving with a suspended license? If so call 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.

Consequences of driving with a suspending license

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).

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Generally, “a person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).” IC § 35-50-3-2 (Burns, Lexis Advance through P.L.169-2018, with gaps of P.L.152-2018 to 154-2018 and 161-2018, from the Second Regular Session of the 120th General Assembly).  

Furthermore, if you drive with a suspended license, you risk further license suspension. 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.

Here at Hayes Law Office, we understand 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 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.

What is notice?

According toCoats 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.

If you are charged with driving with a suspended license, you will need a criminal defense lawyer. At Hayes Law Office, we are experienced with driver’s license issues and are here to help. Call us at 317-759-1515.

We are here to help

The defense attorneys at Hayes Law Office, represent clients caught driving with a suspended license or revoked license throughout Indiana, including Center Township, Decatur Township, Franklin Township, Lawrence Township, Perry Township, Pike Township, Warren Township, and Washington Township.Our attorneys like Philip Hayeswill help you completely avoid any negative impact these serious charges may bring to your life and driving privileges. We provide the best experience when it comes to criminal defense cases. Give us a call today at (317) 759-1515.

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