Driving under a suspended license carries serious penalties. Some states provide for mandatory jail sentences. The penalties are likely to escalate for repeat offenders.
In Indiana, where you are from, a first-time driving under suspension offense is a Class A infraction. While jail is not authorized, you can be fined up to $10,000.00. Also, the period of suspension will be extended at least ninety (90) days and up to two (2) years
The penalties in Indiana increase for a second conviction of driving under suspension. In order to be convicted of driving under suspension with a prior conviction, the state must prove beyond a reasonable doubt that: (1)you were driving; (2) while your driver's license was suspended; (3) that you knew of the suspension; and (4) less than 10 years had elapsed between the date of a prior, unrelated violation for driving under suspension and the date of the current violation.
A conviction for driving under suspension within ten years of an earlier offense in Indiana permits the judge to impose both a jail sentence and a fine. If your offense did not result in bodily injury or death, a driving under suspension conviction within ten years of an earlier offense is a class A misdemeanor, which allows a sentence of up to one year in jail and a fine of not more than $5,000.00. If bodily injury or death occurs as a result of the second offense, the offense is a felony with longer sentences and larger fines.
Since a jail sentence is not mandatory in Indiana for a second offense, I recommend you retain an attorney experienced in traffic matters in your county to represent you. After reviewing the facts of your case, he or she can explain any defenses you may have to the charge and the likelihood of conviction. Your attorney can also negotiate a plea agreement with the prosecutor, and should you plead guilty, present a cogent (and hopefully successful) argument to the Court to keep you out of jail.
Answered on Jul 09th, 2010 at 12:10 AM