Sentencing for driving on a suspended license often results in a suspended sentence, some community service, and a 90 day driver's license suspension. Jail time for driving on a suspended license is usually not ordered, unless the person has a significant criminal history. However, the consequences following a sentencing for driving on a suspended license can result in habitual traffic offender and driver's license suspensions that last 5 years, 10 years, or even life. Becoming a habitual traffic offender can start with a simple speeding ticket, driving on a suspended license, or a first DUI. Under Indiana law, there are three ways you can be deemed a habitual traffic offender by the BMV:
1. If you accumulate two convictions, within 10 years, for certain of the most serious traffic violations, your driver's license will be suspended under Indiana Code 9-30-10-4(a) for a period of 10 years. These violations include DUI resulting in death, voluntary manslaughter resulting from the operation of a vehicle, and reckless homicide from the operation of a motor vehicle. If two of the convictions under this section are for DUI causing death, your license will be suspended for life.
2. If you accumulate three convictions, within 10 years, of the next tier of serious driving violations, your driver's license will be suspended under Indiana Code 9-30-10-4(b) for a period of 10 years. These violations include DUI, driving on a suspended license, drag racing, and criminal recklessness with a vehicle.
3. If you accumulate 10 convictions, within 10 years, of certain minor traffic infractions, your driver's license will be suspended under Indiana Code 9-30-10-4(c) for a period of 5 years. These violations include speeding, unsafe lane movement, and other moving violations. However, to be suspended under this section, you must also have committed at least one offense under #1 or #2 above.
If you are suspended as a habitual traffic offender, you may become eligible to seek a probationary license once you have served a portion of the driver's license suspension. If you are suspended under paragraph 2 above for receiving a combination of 3 DUI or driving on a suspended license convictions, you can seek a probationary license after 5 years. This assumes that you have not violated the suspension by being arrested for Operating a Motor Vehicle while being a Habitual Traffic Violator.
If your driver's license is suspended under paragraph 3 above, and you do not have three DUI or driving on a suspended license convictions, you can apply for a probationary license. To be eligible, you must not have previously been placed on probation by the BMV; must allege in a petition that you drive more than an average driver for commercial or business purposes; and you do not have three prior DUI or driving on a suspended license convictions.
You may also seek a probationary license if you were suspended for being a habitual traffic offender for the reasons set forth in paragraph 2 or 3 above, if you have only been convicted of traffic infractions (such as speeding) or driving on a suspended license. To petition under these circumstances, you must have served at least 3 years of the habitual traffic offender suspension.
You should never appear in court on any criminal offense without an experienced criminal lawyer. I handle criminal cases throughout Indiana, including in Tippecanoe County, Carroll County, Clinton County, Miami County, Montgomery County, Warren County, and White County. In many jurisdictions, it is possible to avoid conviction on certain traffic violations, including criminal charges of driving on a suspended license, with the help of an experienced lawyer. It is never a good idea to plead guilty to any traffic offense, whether speeding or DUI, without consulting an experienced criminal lawyer. You may be able to get the charges dismissed, be acquitted at jury trial, or plead to an alternate count. If you appear in court for sentencing for a driving on a suspended license charge, the consequences may follow you for decades!
I regularly receive calls from people who say "I just paid a speeding ticket in Lafayette and a week later the BMV sent me notice that I am suspended for five years." It is much easier for a lawyer to defend a pending case, than to get a sentencing for driving on a suspended license set aside.
I am suspended for life in several counties in southern Indiana and my last offense was 02-15-99 can i petition the court for a work license ?? None of the offenses were DUI'S or OWI'S all were tickets or driving while suspendeds . Please let me know if i am eligible for a hardship license.
Yes! If your driver's license is suspended for life as a habitual traffic violator, and the following are true: you have no DUI or OWI convictions, you became a habitual traffic violator by committing infractions only (such as speeding) or operating while suspended convictions, and you have not been convicted of Operating a Vehicle While Being a Habitual Traffic Violator, a Class D felony (more than once), then you are eligible to petition for rescission of the license suspension and probationary driving privileges.
The steps taken would be to obtain your official driver's record and verify that you do not have any outstanding tickets and to confirm that your driver's license was suspended for life for the reasons set forth above. If you have any outstanding tickets, you will need to pay them prior to filing a petition to rescind the habitual traffic violator suspension for life.
Despite having your driver's license suspended for life, you can regain your driver's license and have the lifetime driver's license suspension rescinded.
My husband has a suspended driver's licese due to 3 DUI's in a 3 year period. He has straightened out his life and desparately needs a driver's license to work and help support his family. He is suspended for 5 years and has at least a year left. Is there any way for him to get a hardship license or anything? I know people out there that have done way worse and are still driving. ANY info would be very helpful. Codes, statutes, cases anything. Thanx.
I had 2 dui's and serveal suspentions. I was able to get my license back and return to a very favorable place in life by STOPPING THE DRINKING!!! Sounds stupid or like I'm preaching, but it's the total truth. If you quit drinking most of the major problems just seems to go away with it.
Think about it, life is WAY better sober.
My license was suspended for 10 years. I'm 26 now. I had a reckless driving at 16, in 2009, criminal recklessnes in 2003 and resisting in 09. I want to drive for school and work. Can I get a license now to do these things. I've never been convicted of OWI or DUI or anything like that. Can I get the records expunged from when I was 16?
Adam -- When you will be able to petition for a probationary license depends on which habitual traffic violator section you were suspended under and when the habitual traffic violator suspension took affect. Based on your post, it is likely that you were suspended under section 10(b), for having three major violations within 10 years. If that is true, you would become eligible to petition for a probationary license once you have served 5 years of the suspension. I can determine definitively when you can petition the Court once I review your official BMV driver's record. After reviewing your BMV report, I would also be able to determine whether you can seek relief from the conviction that you received when you were 16. You can contact me directly at bg@bbgibson.com with the above information and I will be able to give further advice on obtaining a probationary license.
my license have been suspended for life in three different countys. is there any way i can get my license back or a temp license
Hi and thanks I got several tickets after turning 16.... (1996) worst was reckless driving ...Since 2000 ive had maybe 4 regular traffic violations.. Then in 05 i got a dui...1st and only dui ever... due to the dmv going back 10 yrs this made my points go over resulting in an HTV 5 year suspension ..In 06 i plead guilty to a Felony driving while suspended HTV... after completion of my probation this felony was dropped to a misdemeanor charge. So that being said.. ** Am I eligible for PCR?? Can i get my HTV or dui or something lifted?? can i get rid of this dang HTV?? If so is it likely i will get this ruled in my favor?? having served over 3 yrs now without driving??? If i were to get it lifted... and or after serving my suspension in full Will i be subject to further suspension 4 driving while suspended by the dmv ?? PLEASE HELP - can I get "Post*Conviction Relief".. I Know im eligible for a probationary/hardship license right?? But is there a way to get this htv lifted and get my regular license back???????
Hi from indiana & thanks to any and all who reply .I got several tickets after turning 16 (1996) worst was reckless driving ...Since 2000 ive had maybe 4 regular traffic violations.Then in 05 i got a dui my first and only dui ever due to the dmv going back 10 years this made my points go over resulting in an HTV 5 year suspension. Then in 06 i plead guilty to a Felony driving while suspended HTV after completion of my probation this felony was dropped to a misdemeanor charge. So that being said.** Am I eligible for PCR? Can i get my HTV or dui or something lifted? can i get rid of this dang HTV? If so is it likely i will get this ruled in my favor? having served over 3 yrs now without driving? If i were to get it lifted and or after serving my suspension in full Will i be subject to further suspension 4 driving while suspended by the dmv? I know im eligible for a probationary or hardship license but is there something i can do to get rid of this & get my regular license back? like pcr for my dui or something?
My Husband got a letter many times from the BMV about his license being suspended due to being a HTV. Each time we sent it back because there where errors on the paper. It said He 2 Major and 8 Minors. But None of the majors on the paper where the ones you listed above and he has none of the ones listed above. He got busted driving w/o his license and is currently looking at a Class C Felony. The Paper the BMV had sent us was always wrong and we kept sending it back till one time it didn't come back. I don't know how to fight this and believe it or not he wants to be cop and there is no way he can be with this over his head. I'm not sure what to fight 1st the current charge of driving while being a HTV or the tickets the bmv says they have on him. I just dont know what to do..
This is a very serious situation. There are several things that I would need to know before giving more detailed advice.
1. What County is the new charge pending in?
2. Has your husband had Initial Hearing yet?
3. If it is filed as a Class C Felony, then when was he previously convicted of Driving While HTV as a Class D Felony?
4. Was the prior entered as a felony or reduced to a misdemeanor?
5. Is your husband currently on probation?
There are numerous things that need to be done immediately in defending his case. If there are errors on his BMV report, they need to be identified and addressed immediately. If there are in fact errors, we then need to evaluate the validity of the initial HTV determination. Was the prior HTV conviction following a guilty plea or trial? Did he challenge the HTV determination at that time? Has he ever filed for Post-Conviction Relief ("PCR") to challenge the prior conviction?
These issues can be addressed most efficiently in a free initial consultation. To schedule a phone conference or meeting, call 765-742-8440 or request a meeting by e-mail at bg@bbgibson.com
hey wheres my reply ??? can nothing be done??
Your original conviction for Operating a motor vehicle while being suspended as a habitual traffic violater resulted in the lifetime suspension, because it was entered as a Class D Felony. However, Indiana Code provides that if the conviction is entered as a Class A misdemeanor, the court "may" order a period of suspension in addition to the prior habitual traffic violator suspension. Thus, when your Class D Felony conviction was reduced to a misdemeanor, the Court could have reduced the license suspension. However, the Indiana Court of Appeals has held that when a Class D Felony conviction for Operating while HTV is reduced to a misdemeanor, the lifetime suspension can stand. Thus, the immediate issue is whether this was addressed by the Court when the conviction was reduced to a misdemeanor.
There are multiple possible ways that you may be able to pursue getting a license, which include your sentence modification including reducing the license suspension, and a petition for probationary license. The only way to accurately advise you would be to review your BMV report, along with the Plea Agreement, Sentencing Order, and Order Modifying your Felony to a misdemeanor (along with a copy of any petition filed). What County was the D felony HTV in? If you would like further help, please contact me at bg@bbgibson.com or call us at 765-742-8440.
I juas received my 5 th moving violation in 3 years and was summoned to court. My last ticket before this was over a year ago. What am I facing?
Ray -- it depends on what you were cited for. Did you have a valid driver's license at the time? Did you have valid insurance? What was the moving violation? Regardless of the offense, you should take the matter seriously. Ten infractions in ten years can result in you being adjudicated a habitual traffic offender. What county is the ticket pending in? With multiple violations, it is strongly advised that you retain an attorney on this matter.
I have to go to court today and I am very scared, because I have NO idea what the result will be.
It all started from an initial OWI from Delaware County (Muncie,IN) after being convicted in '07, Within the two years I received, 2 tickets for Driving While Suspended which I have never been able to paid off. I have just received a 3rd ticket and it did not have a price, but rather a court appearance. Since my first offense was OWI and I have repeat offenses, is it possible that I could be going to jail this evening?
I am very nervous I have no idea what to or even what questions to ask to receive any leniency if that's even applicable at this point. I live in a different county from where I work, so I don't have any other option that to drive to work. The nearest bus stop is ONLY in driving distance (it would take 55 minutes walking) I'm just really nervous and any feedback (positive or negative) would be eternally appreciated.
Renee -- you need an attorney immediately. Your message does not indicate what you are going to Court for, but implies that it may be for Operating a Vehicle While Being a Habitual Traffic Offender, a Class D Felony. If a charge of Operating a Vehicle While Being a Habitual Traffic Offender is entered as a Felony, it requires a lifetime driver's license suspension. If the charge is reduced to a misdemeanor, a lessor suspension can be imposed by the Judge. Am I correct to assume that you have previously been determined to be a habitual traffic violator by the BMV? If not, and you are currently charged with Operating While Suspended, it is crucial to fight to avoid a conviction. Conviction of Operating While Suspended could result in an Habitial Traffic Violator determination. What County is the current case in? What is the specific charge? What time is the Initial Hearing. You can contact me with the above information at bg@bbgibson.com or 765-742-8440 and I will be able to provide more detailed advice. It is crucial to defend these matters aggressively.
Hey Ive emailed you a few times and gotten no response ?? I just sent another today... whats up with that???
Would it be at all possible to get a reinstatement of my license? In 2-02 I was judged to be an HTV/felony,that would have been my 3rd OWI resulting in a life suspension. On 12-03 I was convicted of an OWI and operating during a life suspension and was given 2 yrs House Arrest,plus a second life suspension. I know given my driving driving record I was given in my eyes a Big second Chance. I have since quit drinking, have gotten married and I am very happy. I know this doesn't change what I have done, but if there is anything that could be done some legal thoughts of yours. Even if there not too inspiring. Thank You for your time,
Dan
I just signed a plea bargain for HTV a D felony for operating as a habitual offender because the first one was entered in as a misdemeanor through AMS. I had a 5 year suspension and in the court room the judge said nothing about a lifetime or ten year suspension and I haven't recieved anything from the DMV. Am I suspended for life or 10 years or 5 years?
I have had three DUIs in the past 5 years. I plead guilty to 2 of them and 1 of them was thrown out with the agreement that I would plead to a harsher crime. The DMV is saying my license is still suspended for 10 years......... is there anything I can do about this? Thanks.
Brett Gibson -
I am currently suspended as HTV for life. I received my first DUI in 1979 in St. Joseph County IN, I received my second DUI and DWS in 1987,same County. I was then adjudicated as HTV and convicted for same in 1988. In 1989 I was charged with and convicted for HTV (C) felony and DWS. Again in 1994 convicted of HTV (C) thereby receiving a lifetime suspension. In 2001 I was convicted for HTV Life (C) in Marion County, IN and the final time in 2005, HTV Life (C). Is lifetime suspension truly lifetime, or can a probationary be issued after a certain time without further offenses? Do I have to employ an attorney or can I file some sort of Motion with the court for a review? Thanks.
My husband is HTV for life and has been riding a scooter to work. We live in New Albany Indiana county of Floyd. He is currently in jail for speeding on a scooter and charged with HTV for life again. He was doing 35 miles a hour and his scooter is the kind the kids ride not requiring a license.
My son was involved in an OWI causing death in May 2006. His license was supsended for five years out of Clark County Superior Court III. His license will be re-instated in May 2011. As of August 2010 my wife and I are moving and my son's tranportation to college and work will be ended. Is this a state statute for five years for OWI causing death or is it a Superior III sentence? Is there any possible way for a hardhsip license in August 2010? His court transcript indicated he had 6 months credit of license supension that was not picked up by BMV. This would re-instate him Nov 2010 which would only be 3 months from the time my wife and I leave. Without some relief he will be stranded. Your thoughts would be appreciated. Someone said he has to petition the Circut Court if it is a state law instead of Superior III where he was sentenced.
i have 2 misdemenour OWI and 1 class D OWI making a total of 3. My class D felony will be reduced to misdemenour after 2 years of probation.
i received a letter from the BMV saying that they suspended my licence for 10 years. the court suspended it for 1 year. is there a way i could get this 10 years reduced without having to wait for after 5 years to apply for the probationary licence? is there a way i could get my licence back after the 1 year the court suspended it. I work and go to school and 10 or 5 years suspension is gonna make my life very impossible. I have changed my life and i no longer drink because of the trouble it got me. Please i need help can you give me some advice on this.
I just got a dui and already had 8 speeding tickets and a stop sign ticket....I got a probationary liscense for the dui but the bmv says ....I only have til febuary 11th.....what do I do?
Ok, my license was suspended when I was 19 due to a possession of marijuana charge i pleaded guilty and they were suspended for six months, with 10 due 5 this was in Wayne County. Now in between then and now I have had no driving while suspended nor have I been in any criminal mischief however I have received 3 seatbelt tickets during that time up until now. Everytime I have received these seatbelt tickets I gave them my license, the last officer that I got my seatbelt ticket from informs me that it is a misdemeanor to have or use your license if they are suspended, which is something that I never have heard. The policeman took my license telling me that he was going to confiscate so that I did not get into any trouble. About 2 months down the road which is now actually about two days ago my parents who live in tell city IN, Perry County which was my previous adress. Receive a subpoena from the court ordering me to show up for a criminal case because my license was not turned in. Now I have never recieved any documents stating that my license need be turned in in fact while I was incarcerated all of my possessions were in possession of wayne county jail. So if they are supposed to be turned in or whatever why would they give them back to me after serving my time. This whole case makes no sense what should I do? Should I hire a lawyer and if I do would it be worth the money. The DA in Perry County says that they are going to try 1 year probation/1 year suspension. This in my opinion is obsered. Can you help?
I just received a notice in the mail that my DL (IN) was suspended. I was in an accident that was my fault in October. I rear ended another vehicle. What I was unaware of until after the accident was that my insurance, which was through my lender, only covered the collateral, there was no liability coverage. What happened was, during the process of divorcing, substantial loss of finances due to the divorce, etc...2 years ago, my finances became very tight. My insurance lapsed approximately a year ago (rough estimate), due to financial struggles, etc..then I was laid off from my job as Marketing and Membership Director for a Country Club, where I had been employed for nearly 3 years, in January of 09. When my insurance lapsed, I received a bill on my monthly statement each month from Citifinancial, which is who my auto loan was through for insurance, and I assumed that they had, because they were the lender, just added the mandatory insurance. Again, only after my accident did I realize that this was indeed NOT the case, and I didn't have liability insurance at all.
I'm a single mom, with two children who I need to transport to and from school and activities. I also work full time as a Sales Consultant at a new car dealership, and am actively seeking employment elsewhere, as this job is commission based and we're barely keeping our heads above water. I absolutely CANNOT be without a drivers license. We wouldn't be able to survive if I can't drive. My very existence depends on it. Please help me and tell me what I need to do to get a hardship license and quickly. Thank you. I'm not a deadbeat person, I'm a professional, 41 year old woman, nothing like this has ever happened to me....I'm in total disbelief.
i had DUI convictions in 2002,2004 and then i stopped drinking. i went to Iraq came home in 2007 and got a DUI. i received 18months probation (completed) and the judge reenstated my license when they came up for reveiw. However, the BMV will not give them back because i made my self habitual upon signing the agreement. I am a VET. I have 2 degrees and am not a threat. I would like to get a better job and move foward but, no license. Is it possible for me to get some kind of conditional. It has been about 3 years?
I received a class A misdemeanor in Monroe County for driving while suspended because of a prior driving while suspended conviction I received almost four years ago. I know that there may be jail time involved, but I am not sure how likely this will be. What can I be facing in this situation. Also, I asked for a Public Defender, was this a smart move.
My husband already had a suspended license for prior traffic violations, in April of 2008 he got a DWI was arrested and got out the next morning on bond. Then in September of 2008 was picked up again on a DWI but this time fled the from the police. After a long chase the took him into custody. His bond is set at 20,000 dollars. Needless to say I have not got him out. He has been in jail for a year and a half now. I believe this is important he had not been in any trouble for 9 years prior to the April arrest. What kind of jail time is he facing and what can i do for him?
i am facing a class c feloney lifetime suspension...the offer is 4 years...2 yrs executed either home detetion of some secured facility like doc or work release plus 2 years probation....does that sound fair? and if i sign plea..would i be eligible for sentence modification?
I received my third dui refusal charge in jan 2004.The court set it aside until I finished 24 mnths in prison for my second one.When I got out we went to trial and we lost the case.I was put in work release for 18 mnths.The whole time I had a valid drivers license and I did everything the state required,including keeping sr22 insurance up to date.Then after having a valid license for two and a half years with no infractions I might add I got a letter from the bureau telling me that because of having three dui's that they we're suspending my license for ten years and that the computer had just caught up with me.My question is does the suspension start when I was convicted ,or does it start when they caught it?Also,Is it not double jeopardy for punishing someone twice for the same crime?
recently convicted for driving while HTV. Second
one. i missed it by 30 days due to an officer who did a "STOP TO TALK". let me say i have been sober for ELEVEN years . it was two days after christmas and i needed to make some money or ALL
utilities would be shut off. eventually had to get help from town trustee. i am in school to become a teacher and try to keep kids from going on a path like mine.PLEASE-is there ANY hope for me?
I was not "PULLED" over-but-stop to talk?traffic wise i did nithing wrong-he ran my tags they came back registered to an HTV.I stopped at gas station-he said i committed no violations but he began questioning me-i call it investigating me-is there ANY hope?
I was ticketed today for a driving while suspended i have a dui misdameanor and 1 other driving while suspended will they charge me with habitua traffic violator and if they do what kind of felony is it
Chaz -- you cannot be charged criminally for driving while being a habitual traffic violator if you have not previously received notice from the BMV that you are suspended for being a habitual traffic violator. However, you are correct that a conviction for driving while suspended on the current case could result in the BMV determing that you are a habitual traffic offender upon a conviction. If this conviction results in a habitual traffic offender determination, you driver's license will be ordered suspended for 10 years. If you drive during that period, you will be charged with a Class D felony.
It is extremely important to be represented by an attorney in this new case. Depending on the reason you are currently suspended, and what County the charges are in, it may be possible to avoid a conviction on the pending charge. Avoiding conviction on the pending Operating While Suspended charge is crucial to avoiding a habitual traffic offender suspension (assuming that your two prior convictions for operating while suspended and operating while intoxicated happened within the past ten years)
Please call my office at 765-742-8440 and schedule a free initial consultation and we can discuss how to best defend your case. You can also send me an e-mail at bg@bbgibson.com or my secretary at office@bbgibson.com to request an appointment.
I am HTV for having 3 DUIs in 10 years. Is there any way to get a probationary license before the five years.
I have a few violations. Some of which are simple possessions and a couple alcohol violations. Then while I was serving my suspension for the last 2 charges I was pulled over while working and received a DUS. Do I qualify for a provisional license and if I do am I able to go to ADSAP? What would be the easiest way to get my license back in the shortest amount of time. I would be happy with a provisional license so I am able to work. Any help would be greatly appreciated. Thanks.
I was convicted of HTV in 1999. I received a letter of reinstatement and went to BMV and got my drivers license on 6/22/2009. December 27, 2008 an officer followed me and had apparantly run the truck plates and knew the truck owner was HTV. He walked up to me in a gas station and said that I did not do anything wrong that this was just a "Stop to Talk". He asked my name and if I was HTV and I answered honestly. He then arrested me for driving HTV. He did not read me my rights. He investigated me at the scene knowing this was a potential felony. The Judge said I was 30 days short of serving the 5 years of the HTV. I was then charged with HTV a second time. When will I be eligible to have my license reinstated? Is there anyway to contest the "Stop to Talk". The Judge was aware of the "Stop to Talk" and stated that I was being penalized for being honest that his hands were tied since there was no case law to show that he had other options.
my license have been suspended for life twice it has been ten years since the last one no alcohol or drugs were involved in either one of the suspensions is there any chance of getting them back?
Here is the scenerio. I moved to hamilton county in 1999. Got my first OWI in june of that year. 6 mo's later got my second. Then in 2008 got my 3rd. I was recently pulled over for habitual alcohol was not involved. What is the worst case scenario for this offense?
i have a lifetime suspension,99.9% of my charges were tickets, one dui in '92,in '96 i did jail time, prison time,successfully completed comm. service, probation & parole('98)moved away from Ft. Wayne in "99, i hired a lawyer and still can't get not even a hardship license, I've gotten dws tickets here because of the suspension i have in Ft. Wayne, i feel i did my time and paid everything i had to pay but Ft. Wayne is still making me pay for my mistakes i made when i was young, I'm much more mature now and trying to live a normal life with my family but i keep reliving my embarrassing past, what can i do and can you help me pleeeease?
Here's my deal. I had a two DUI's. One was 8-02-2004 and the other on 9-10-2008. No one was killed during either DUI. The other conviction that they have on my HTV notice is a leaving the scene of personal property. After looking through the Indiana Code. I don't see how I can have a 10 year license suspension.
Under 4(a)I have ZERO.
Under 4(b) I only had two convictions for the two DUI's. "These violations include DUI, driving on a suspended license, drag racing, and criminal recklessness with a vehicle." By this I do not have three.
Under 4(c) I have less than 10 for sure.
Am I missing something or is this leaving the scene of personal property not in the HTV code? The only thing I have found about leaving the scene has to do with injury of death and this didn't apply to mine.
I have 3 OWI's within a 5 year period. I am curious if my cases can be reviewed and possible any of them overturned due to mistakes or anything. I have deemed a HTV and suspended for 10 years. I have never been in trouble prior to these or after. This all took place in a period of a year and a half. This was more so an emotional/psychological issue than a substance abuse issue. I have done everything I was asked to complete successfully, as well as other things on my own. I am desperately trying to find a way to be reinstated at a minimum for a hardship license. I am willing to place the ignition interlock system on my vehicle for any length of time if it will help. I have had to postpone my college education because I cannot get there. Getting to work alone is extrememly difficult. My psychiatrist, therapist, councelors, and doctors are willing to write letters to show how well I have done and that I am living a better life now. If there is anything that I can do or you can help me with, I am ready and willing.
Thank you in advance for any assistance you can provide,
Heather
I am currently suspended for habitual trafic offender, in my driving record I do have more than 10 speeding tickets in the last ten years, but I do not have any of the charges discribed in paragraph 1 or 2 above (the more serious ones), I've never had any DUI or DWI, so I dont understand how they even suspended me to begin with under the habitual law. Is there anything you can do to help me with this? And would two no insurance tickets in the last ten years cause them to suspend me habitually? When I got the tickets there was no accident involved, just a regular traffic stop with no proof of insurance.
i have had 2 class cfenolys i have als o had a d fenoly for driving while suspened , an have an htv as well ,, last time was in 2003 , first time was in 1990 the htv, rest have been in the middle . can i ever get a drivers license back .. an live a normale life
i was charged with class c driving on lifetime suspension and false informing. my last owi offense they are holding against me was not quite 7 years ago so they say its non suspendable. the plea offer is 4 years, 2 suspended, 2 executed. is this unreasonable and could it be dropped to a d felony and have less of a sentence?
Operating a motor vehicle, when suspended for life, is a Class C felony. A Class C felony carries a penalty of 2 to 8 years. A Class C felony is non-suspendable if you were on probation for a prior unrelated felony within the past 7 years. Thus, if your prior OWI offense was a felony, and you were not discharged from probation at least 7 years prior to the Class C felony, the offense is non-suspendable.
There are several things that may be able to be done to mitigate the penalty. Does the plea agreement call for 2 years in the department of corrections, or can the executed time be served on work release, house arrest, or day reporting? What County is the offense in? Whether the plea is reasonable depends on the specific facts of the case, your BMV record, and the county the case is in.
i have lived in california for two years and i have a suspended license in indiana as a habitual traffic offender in two different counties. it has been over 5 years with no infractions, what can i do to get a license in the state i now reside in?
The answer will depend on both Indiana and California law. With respect to Indiana law, if you received a 10 year habitual traffic offender suspension, you would be eligible to petition a court for a probationary license, which would allow you to drive for work purposes. Eligibility for the probationary license is contingent upon certain criteria, and I would have to review your official Indiana Driver's Record to confirm that you are eligible to receive a probationary license.
California law is also relevant. You can only hold a driver's license in one State. You will need to contact a California attorney to advise what the State of California will require to issue you a license. California may require you to be fully reinstated. If your Indiana license is currently suspended for being a habitual traffic offender, and you live in California, your first step should be to consult a California attorney to determine what California will require to issue you a license. You may then be able to seek relief from Indiana's habitual traffic offender suspension.
i was wondering i got pulled over in 08 for not stopping at a stop sign and the bmv sent me a paper saying my license were suspended and i was now considered a HTV which is a class d felony so does this mean i have a class d felony on my record now or if i get pulled over again i will get the class d felony.
Hello my boyfriend has been listed as a hibitual driver. The state trying to send him to prison, can the do that?
Operating a motor vehicle while being suspended as a habitual traffic offender is a Class D felony and carries a penalty of 6 months to 3 years in prison and a lifetime driver's license suspension. In certain circumstances, the Class D felony driving while a habitual traffic offender can be reduced to a Class A misdemeanor and result in only a 1 year license suspension. If he has a prior conviction for operating a vehicle while being adjudicated a habitual traffic offender, the offense is a Class C Felony and carries a penalty of 2 to 8 years in prison. Anyone who is charged with operating a motor vehicle while being a habitual traffic offender should contact an experienced attorney immediately. If the habitual traffic offender charge is a first offense, it may be possible to reduce the habitual traffic offender charge to a Class A misdemeanor and avoid a lifetime suspension.
If you receive ten judgments for traffic violations in ten years, and at least one of the judgments was for an offense under IC 9-30-10-4(a) or (b), the BMV can suspend your license for being a habitual traffic violator (HTV) for a period of 5 years. If you then drive a vehicle after receiving the HTV notice, you will be charged with a Class D felony. If the suspension for HTV resulted from infractions only, plus a driving while suspended conviction, you will be eligible to petition for a probationary license after serving 3 years of the suspension.
If you are arrested for driving while HTV, you should contact an attorney immediately. You can reach me at 765-742-8440 or by e-mail at bg@bbgibson.com Driving while HTV is a Class D felony and carries a penalty of 6 months to 3 years in prison and a lifetime suspension of your driving privileges. However, if you have not been on probation for a prior felony in the past three years, you would be eligible for reduction of the Class D felony HTV to a misdemeanor and a 1 year driver's license suspension.
i just got out of the army as of march 12 2011 from fort bragg nc. i came home to linton indiana and one hour out of the army i was arrested and thrown in greene county jail for operating a vehicle while HTV. i have shown up valid everywhere else in the united states and even on a federal military base. i even bought a truck in nc in 2010 and had an indiana title, plates, and registration sent to nc with no problems, my insurance company hasnt dropped me, and my license was supposedly suspended for HTV dec 30, 2009 but i never got the notification. i drove my vehicles all over nc and indiana since that time frame of suspension and always showed as valid. on march 8 2011 i was pulled over in fayetteville nc for blue lights on my car, i was valid then, on march 10 2011 i was pulled over in elnora indiana by a state trooper and given a speeding ticket and was shown as valid. then on march 13 2011 at 12:30 a.m. i was "pulled over" for running a stop sign in linton indiana. first off i was across the street from my car when the cop came around the corner and told me to sit in my drivers seat while he runs my information. he then arrested me for operating while HTV. the cop is now lying on statments to the courts and im about to see 3 yrs prison and loss of license for life. im going for trial by jury and wanted to know if im found not guilty am i eligible for a reinstatment? please let me know soon. thanks
I have gotten 3 DUI's within a year period. However, I refused to take a chemical test on the third DUI, thus the police did a blood draw. I have already been sentenced (Hamilton County). I asked my attorney about the results just before court started. She stated that the results were not yet available. The BMV has now made me a Habitual Traffic Violator. The BMV wants me to take a defensive driving test and submit an SR-22 to my insurance. What should I expect? I'm 26 years old and 10 years is quite a long time not being able to drive. If you have any advice, please let me know. Thank you.
Regards,
Chris Gardner
My son had his license suspended for life, all traffic problems at the age of 16. He even got tickets when he was in jail, some one was useing his name. He was never issued a drivers license to begin with. How can we clear this up. I would like to mention he has a learning disability as well.
His Mother
Hi Mr Gibson, I recently was stopped and cited for operating a vehicle without financial responsibility, obviously my insurance had lapsed. Turns out that was my 10th minor offense 9-30-10-4-c. Five of the offenses were over 9 yrs ago which i was wondering if that would be favorable for me in any case. Im going to send in the bmv notice they sent me to have an administrative review. I was hoping you may be able to give me some advice !
in 2008 i was put on HTV. since then i have been arrested for driving while HTV. I was put on probation and then following that work release. I have finished my work release sentence and have been completed for about 2 months. I want to petition to have my felonies reduced to misdemeanors. is there any possibility that i could get a probationary license before the felonies have been dropped or do i have to wait until i have these reduced?
dear sir
i had a driving while intoxicated in 1989
then 5 driving while suspended. got htv
conviction. then one more dws as a htv.
i have no convictions since 1997 and really need to know if i have any chance of getting a work related license. it took me a while to grow up and understand the importance of the privilege of driving but now my career has taken me to the need of a license and my wife had to put all work desires on hold to drive me to and from work and meeting if there is anything that can be done
please let me know
thanks
I have atleast 4 or 5 driving while susoended ticketts that i have never payed and was just pulled over again and received another tickett. they have remained infractions because i have not payed them and received conviction for them. I wonder if i pay the tickets if i will be considered a habitual offender and go to jail.
You should not pay the operating while suspended tickets, or take any action, until an experienced attorney has reviewed your official driver record (BMV Report). Judgment on the prior operating while suspended tickets may have been entered, even if you did not pay the tickets. Infraction operating while suspended tickets are civil matters and default judgments can be entered.
You are correct to be concerned about a possible habitual traffic offender adjudication if you have multiple judgments against you. I strongly recommend that your official BMV record be immediately reviewed. If you would like my assistance, please call my office at 765-742-8440 for a free initial consultation or phone conference.
Was the "one more dws as htv" entered as a felony with a lifetime habitual offender suspension, or was it entered as a misdemeanor with a fixed driver's license suspension? What county was that case in? Do you have a cause number? From the information that you provided, you may be eligible now for a probationary license. I can confirm this by reviewing your BMV report. For a free initial consultation, please call my office at 765-742-8440 and my assistant will schedule a meeting or phone conference.
I have two owi's in 5yrs and a leaving the scene. I recently found out my license is suspended for 10yrs. Will I be able to appeal that at any point.
When did you get the notice of HTV from the BMV? WIth a 10 year suspension under section 10(b), you will be eligible to petition for a probationary driver's license after serving 5 years of the HTV suspension.
A felony conviction for driving while HTV requires a lifetime driver's license suspension. If a Class D felony driving while HTV is entered a a misdemeanor, then you are eligible for a fixed driver's license suspension (often 1 year) and would be able to petition for a probationary license if you meet the other requirements under the HTV probationary license statute provisions.
Did you appear for an administrative review? Even if you are HTV under section (c), you will still be eligible to petition for probationary driving privileges prior to serving the 5 year HTV suspension.
The starting point is to review his Indiana Official Driver's license report. He may be able to challenge past judgments or the HTV determination, or he may be able to petition for a hardship or probationary license. For a free initial consultation, please call my office at 765-742-8440 to schedule a phone conference or meeting. Many people can challenge or reduce HTV suspensions and fail to take action.
I found out yesterday 6/23/11. Also I don't know if this helps but eventually I will be able to apply for modification to a misdemeanor when I successfully complete my probation. Wasn't sure if that could help with license reinstatement.
Your 10 year HTV suspension can be reduced to 5 years if you do not violate the suspension. You can file a petition for a probationary license once you serve 5 years of the suspension. You should be aware that if you drive while HTV, it is a Class D felony and carries a lifetime driver's license suspension. Once you serve 5 years of the HTV suspension, contact me at bg@bbgibson.com and I will advise you further on getting a probationary license.
The State must prove that you knew that you were HTV, which will be hard to do at trial given the facts you recited. You should be prepared to present evidence corroborating the facts that you set forth, which led you to believe that your license was valid. If you are acquitted at trial, that will not alleviate the HTV suspension, unless the HTV determination itself is incorrect. The first thing that should be done is to review your official Indiana driver's record to determine if the HTV suspension if valid or not.
I have two driving while suspended tickets (still havent paid) and one seat belt ticket. i am paying off my tickets tomorrow, but i just got a good job and they wont let me accept it unless i get my drivers license back! is there anything i can do? hardship license? do i need to pay a lawyer? can i apply for a hardship license myself? please help!
You should not do anything until an experienced lawyer reviews your BMV report. The answers to your questions depend on multiple factors, including whether judgment has been entered on the driving while suspended tickets. Are the driving while suspended tickets infractions or criminal? If you have prior tickets in the past 10 years, it is also important to verify whether judgments in these cases will make you a habitual traffic violator. You can become a habitual traffic violator by accumulating 10 tickets in 10 years, with one major violation; or by accumulating 3 major driving violations in 10 years. Some driving while suspended convictions are "major" violations and some are not. I can determine these things by reviewing your BMV report. For a free phone or in person consultation, please call my office at 765-742-8440 and we can discuss your specific situation on the phone.
Brett Gibson
I have a bad driving record and I want/need to fix it. I'm suspended for being a habitual traffic offender right now as of 12/24/09. Here is a list from the BMV
10/19/09 OWI -Stueben county
7/10/08 Wrong way on one way rd. -Stueben county
6/7/06 No valid license -dekalb county
11/29/04 Driving while suspended -Stueben county
1/20/04 speeding -Allen county
1/20/04 Driving while suspended -Allen county
9/5/03 Driving while suspended -Butler city
9/5/03 speeding -Butler City
7/8/03 Driving while suspended -Stueben county
1/13/06 speeding -New Haven City
Now to beat it all I got stopped today and got a habitual traffic offender charge. I understand I have a bad driving record and to be honest i'm ashamed. I want to do the right thing but I have no other way to get to work and back than to drive. Is there anything I can do?
drving laws are confusing to me ,i have a bad driving record according to the state of indiana,I have been told over an over again I have no hope of ever driving again, i have had 3 dui or owi. i have had an htv charge, 3 driving while suspended charges, 2 of which was a class c felnoy,first time on class c i was sentence to 5 years in county jail, in 1997, in 2002 was arrested again in a different county for owi which was a class c mistermeanor, however was also arrested on driving while suspended , a class c felny,, almost all of this was in owen county except the one that happen in 2002 which was clay county, My life has turn to total poverty because of this ,iam a good person other than this , which is look on as worst than a killer or pervert in this day an age, on my driving record it has a bunch of fines an tickets i owe for no insurence, an 10 year suspenion on the class c owi mistermeaner, an indefinte on the rest, give me some hope here , how many people in this state are in the same shape as i .