Daviess County - Indiana Criminal Code 2022

58

TRAFFIC CODE

chapter, an individual who operates a motor vehi cle upon a highway while the individual’s driving privilege, driver’s license, or permit is suspended or revoked commits a Class A infraction. 9-24-19-2. Operating while suspended or revoked; prior infraction violation; Class A misdemeanor. An individual who: (1) knows that the individual's driving privileges, driver’s license, or permit is suspended or revoked; and (2) operates a motor vehicle upon a high way less than ten (10) years after the date on which judgment was entered against the individual for a prior unrelated viola tion of section 1 of this chapter, this sec tion, IC 9-1-4-52 (repealed July 1, 1991), or IC 9-24-18-5(a) (repealed July 1, 2000); commits a Class A misdemeanor. 9-24-19-3. Operating while suspended or revoked as result of offense. (a) An individual who operates a motor vehi cle upon a highway when: (1) the individual knows that the individ ual’s driving privileges, driver’s license, or permit is suspended or revoked, and (2) the individual's suspension or revoca tion was a result of the individual’s con viction of an offense (as defined in IC 35-31.5-2-215) commits a Class A mis demeanor. (b) However, the offense described in sub section (a) is a: (1) Level 6 felony if the operation of the motor vehicle results in bodily injury; or (2) Level 5 felony if the operation of the motor vehicle results in the death of another person. (c) A person who commits an offense described in subsection (b) commits a separate offense for each person whose injury or death is caused by the violation of subsection (a). (d) A court may order terms of imprisonment imposed on a person convicted of more than one (1) offense described in subsection (b) to run con secutively. Consecutive terms of imprisonment imposed under this subsection are not subject to

(b) Aperson who violates this section commits a Class C infraction. 9-24-18-6. Burden of proof. In a proceeding to enforce IC 9-24-1 requir ing the operator of a motor vehicle to have a cer tain type of driver’s license, the burden is on the defendant to prove by a preponderance of the evidence that the defendant had been issued the applicable driver’s license or permit and that the driver’s license was valid at the time of the alleged offense. 9-24-18-7.5. Counterfeiting driver’s license. Aperson that knowingly or intentionally coun terfeits or falsely reproduces a driver’s license: (1) with intent to use the driver’s license; or (2) to permit an individual to use the dri ver’s license; commits a Class B misdemeanor. 9-24-18-12.2. License suspension for alcoholic beverage violations. Upon receipt of a court order under IC 7.1-5 7-7 (minor consuming or transporting alcohol), the bureau shall suspend the minor’s driving privileges for the period ordered by 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 under IC 7.1-5-7. Chapter 19. Penalty Provisions for Operating Motor Vehicle With Suspended or Revoked Driving Privileges, Licenses or Permits. 9-24-19-1. Operating while suspended or revoked; Class A infraction. 9-24-19-2. Operating while suspended or revoked; prior infraction violation; Class Amisdemeanor.

9-24-19-3.

Operating while suspended or revoked as result of offense.

9-24-19-7. 9-24-19-8.

Burden of proof on defendant.

Rebuttable presumption of knowledge of suspension.

9-24-19-1. Operating while suspended or revoked; Class A infraction. Except as provided in sections 2 and 3 of this