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 VehicleWith 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 theperson's driving privilege, license, or permit is suspended or revokedcommits 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 priorsimilar infraction
Sec. 2. A person who operates a motor vehicle upon a highwaywhen the person knows that the person's driving privilege, license, orpermit is suspended or revoked, when less than ten (10) years haveelapsed between:
(1) the date a judgment was entered against the person for aprior unrelated violation of section 1 of this chapter, thissection, IC 9-1-4-52 (repealed July 1, 1991), or IC 9-24-18-5(a)(repealed July 1, 2000); and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) wascommitted;
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 orrevocation for offense
Sec. 3. A person who operates a motor vehicle upon a highwaywhen the person knows that the person's driving privilege, license, orpermit is suspended or revoked, when the person's suspension orrevocation was a result of the person's conviction of an offense (asdefined 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 chaptercommits a Class D felony if the operation results in bodily injury orserious bodily injury.
(b) A person who violates section 3 of this chapter commits aClass 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 theperson's driving privileges be suspended for a fixed period of not lessthan 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 ofa person upon a charge of driving a vehicle while the person's drivingprivilege, permit, or license was suspended, extend the period ofsuspension for a fixed period of not less than ninety (90) days andnot more than two (2) years. The bureau shall fix this period inaccordance with the recommendation of the court that entered theconviction, 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 thedefendant to prove by a preponderance of the evidence that thedefendant had been issued a driving license or permit that was validat 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 anorder or an order suspending or revoking a person's driving privilegesby mailing the notice or order by first class mail to the defendantunder this chapter at the last address shown for the defendant in therecords of the bureau of motor vehicles establishes a rebuttablepresumption that the defendant knows that the person's drivingprivileges are suspended.
As added by P.L.32-2000, SEC.1.