CHAPTER 19. PENALTY PROVISIONS FOR OPERATING A MOTOR VEHICLE WITH SUSPENDED OR REVOKED DRIVING PRIVILEGES, LICENSES, OR PERMITS
IC 9-24-19
Chapter 19. Penalty Provisions for Operating a Motor Vehicle
With Suspended or Revoked Driving Privileges, Licenses, or Permits
IC 9-24-19-1
Class A infraction
Sec. 1. Except as provided in sections 2, 3, and 5 of this chapter,
a person who 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.
As added by P.L.32-2000, SEC.1.
IC 9-24-19-2
Class A misdemeanor; commission within ten years of prior
similar infraction
Sec. 2. 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 less than ten (10) years have
elapsed between:
(1) the date a judgment was entered against the person for a
prior unrelated violation of section 1 of this chapter, this
section, IC 9-1-4-52 (repealed July 1, 1991), or IC 9-24-18-5(a)
(repealed July 1, 2000); and
(2) the date the violation described in subdivision (1) was
committed;
commits a Class A misdemeanor.
As added by P.L.32-2000, SEC.1.
IC 9-24-19-3
Class A misdemeanor; commission while under suspension or
revocation for offense
Sec. 3. 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.
As added by P.L.32-2000, SEC.1.
IC 9-24-19-4
Class D or Class C felony; causing bodily injury or death
Sec. 4. (a) A person who violates section 3 of this chapter
commits a Class D felony if the operation results in bodily injury or
serious bodily injury.
(b) A person who violates section 3 of this chapter commits a
Class C felony if the operation results in the death of another person.
As added by P.L.32-2000, SEC.1.
IC 9-24-19-5
Recommendation of additional suspension
Sec. 5. (a) In addition to any other penalty imposed for a
conviction under this chapter, the court shall recommend that the
person's driving privileges be suspended for a fixed period of not less
than ninety (90) days and not more than two (2) years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a).
As added by P.L.32-2000, SEC.1.
IC 9-24-19-6
Extension of suspension by bureau
Sec. 6. The bureau shall, upon receiving a record of conviction of
a person upon a charge of driving a vehicle while the person's driving
privilege, permit, or license was suspended, extend the period of
suspension for a fixed period of not less than ninety (90) days and
not more than two (2) years. The bureau shall fix this period in
accordance with the recommendation of the court that entered the
conviction, as provided in section 5 of this chapter.
As added by P.L.32-2000, SEC.1. Amended by P.L.3-2008, SEC.80.
IC 9-24-19-7
Burden of proof of issuance of license or permit
Sec. 7. In a prosecution under this chapter, the burden is on the
defendant to prove by a preponderance of the evidence that the
defendant had been issued a driving license or permit that was valid
at the time of the alleged offense.
As added by P.L.32-2000, SEC.1.
IC 9-24-19-8
Rebuttable presumption of knowledge of suspension
Sec. 8. Service by the bureau of motor vehicles of a notice of an
order or an order suspending or revoking a person's driving privileges
by mailing the notice or order by first class mail to the defendant
under this chapter at the last address shown for the defendant in the
records of the bureau of motor vehicles establishes a rebuttable
presumption that the defendant knows that the person's driving
privileges are suspended.
As added by P.L.32-2000, SEC.1.