TRAFFIC CODE
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(1) knows that the person's driving privi-
lege, 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 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9-1-4-52 (repealed July 1, 1991), or IC 9-
24-18-5(a) (repealed July 1, 2000);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.
9-24-19-3. Operating while suspended or
revoked as result of offense
[effective January 1, 2015].
(a) A person who operates a motor vehicle
upon a highway when the person knows that the
person's driving privilege, license, or permit is sus-
pended or revoked, when the person's suspen-
sion 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.
(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.
9-24-19-4. Operating while suspended or
revoked resulting in bodily injury,
serious bodily injury or death.
Editor’s Note:
This statute was repealed by
P.L.217-2014, effective January 1, 2015. The
provisions of this statute have been recodified in
IC 9-24-19-3(b), effective January 1, 2015.
(a) A person who violates section 3 of this
chapter commits a Level 6 felony if the operation
results in bodily injury or serious bodily injury.
(b) A person who violates section 3 of this
chapter commits a Level 5 felony if the operation
results in the death of another person.
9-24-19-5. Suspension of driving privileges
in addition to penalty.
Editor’s Note:
This statute was repealed by
P.L.217-2014, effective January 1, 2015.
(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 sus-
pension; and
(2) the date the fixed period of suspen-
sion 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 driv-
ing 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 rec-
ommends a fixed term that is less than the mini-
mum term required by statute, the bureau shall
impose the minimum period of suspension
required under this chapter.
9-24-19-7. Burden of proof on defendant
[effective January 1, 2015].
In a prosecution under this chapter, the burden
is on the defendant to prove by a preponderance
of the evidence that the defendant:
(1) had been issued a driver’s license or
permit that was valid; or
(2) was operating a Class B motor driven
cycle;
at the time of the alleged offense. However, it is
not a defense under subdivision (2) if the defen-
dant was operating the Class B motor driven cycle
in violation of IC 9-21-11-12.
9-24-19-8. Rebuttable presumption of
knowledge of suspension.
Service by the bureau of motor vehicles of a
notice of an order or an order suspending or revok-
ing 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.
