Indianapolis Habitual Traffic Offender Lawyer
While there is no exhaustive list of these crimes, examples of major traffic violations include driving under the influence and leaving the scene of an accident. If you have been charged with a major traffic offense, you are likely worried about the consequences that could follow a conviction. In addition to serving time behind bars, penalties can include a lifetime license suspension, so it’s important to fight your traffic offense.
Major Traffic Violations in Indiana
The crimes that must be committed in order to become a habitual traffic violator vary. However, almost all are felonies rather than misdemeanors. Offenses that are considered major traffic violations include, but are not limited to:
- Driving while intoxicated(DWI)
- Criminal recklessness
- Drag racing
- Leaving the scene of an accident
- Reckless homicide caused by a motor vehicle
- Resisting law enforcement
License Suspension and Revocation
The consequences associated with habitual traffic violations can be confusing. You may not know which penalties to expect, as consequences depend on a number of factors, such as whether you are already an Indiana habitual traffic violator and the crime’s severity. In general, though, the penalties associated with HTVs are prohibitive.
Being deemed a habitual traffic violator by committing a major traffic offense will initially result in a license suspension of 5 years, 10 years, or life. If you are already labeled as a habitual violator, the consequences are far harsher. Committing a major traffic violation, in this case, will almost always result in a lifetime license suspension. However, if you are already a habitual violator, it is possible to have a traffic violation labeled as a class A misdemeanor rather than a level 5 or 6 felony. Altering this classification is one way to avoid a lifetime suspension.
Defenses for a Habitual Traffic Offender
In court, there are a number of strategies that can be used to get your charges thrown out entirely. In order to be convicted of a crime as a habitual violator, for example, the prosecution must show the court that you were informed of your habitual traffic violator status by the Bureau of Motorized Vehicles (BMV). If this cannot be proven, a conviction will bring less severe penalties. This may also be grounds for getting your case thrown out entirely.
It might also be the case that you were driving on your suspended license because of an extreme emergency. Although this must be thoroughly proved by the defense, doing so can lead to your charges being thrown out entirely.