Class A misdemeanor; commission within ten years of prior similar infraction
Sec. 2. 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 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was entered against the person for a prior unrelated violation of section 1 of this chapter, this section, IC 9-1-4-52 (repealed July 1, 1991), or IC 9-24-18-5(a) (repealed July 1, 2000);
commits a Class A misdemeanor.
As added by P.L.32-2000, SEC.1. Amended by P.L.6-2012, SEC.70; P.L.33-2012, SEC.1.
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 35-31.5-2-215) commits a Class A misdemeanor.
As added by P.L.32-2000, SEC.1. Amended by P.L.114-2012, SEC.21.
IC 9-24-19-4 Version a
Class D or Class C felony; causing bodily injury or death
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
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.
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).
(c) The bureau shall, upon receiving a record of conviction of a person upon a charge of driving a motor vehicle while the driving privileges, permit, or license of the person is suspended, fix the period of suspension in accordance with the recommendation of the court. If the court fails to recommend a fixed term of suspension, or recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this chapter.
As added by P.L.32-2000, SEC.1. Amended by P.L.125-2012, SEC.240; P.L.85-2013, SEC.67.
(Repealed by P.L.125-2012, SEC.241.)
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 driver's license or permit that was valid at the time of the alleged offense.
As added by P.L.32-2000, SEC.1. Amended by P.L.85-2013, SEC.68.
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.