Operating A Vehicle With A Suspended License
Operating a vehicle while suspended (OWS) is one of the most commonly filed
criminal offenses within the Allen Superior Court, Misdemeanor and Traffic
Division. OWS can also be a noncriminal offense (infraction), comparable
to a speeding ticket. There are countless ways to end up with a suspended
license in the state of Indiana. The scary part is that there are circumstances
where you could be suspended and never know about it (until you are pulled
over for a routine traffic ticket and unsuspectingly arrested for driving
If you were stopped by the police and arrested for driving while the operator's
license was suspended in Indiana, get help right away. Call the law offices
of Arnold Terrill, P.C., in Fort Wayne at
Avoiding Suspension: Update Your Address
This section is dedicated to giving you critical information that could
help you avoid a suspension and will help you deal with a suspension if
it has already happened, or if it happens in the future.
First, one of the most important things you should know is that you should
ALWAYS keep your address updated with the BMV. The BMV is required by
law to notify you of any suspension so that you can contest it and/or
call an attorney for advice. HOWEVER, the BMV will not allow its mail
to be forwarded by the post office. Therefore, it is possible that you
may get suspended by the BMV AND NEVER EVEN KNOW IT.
Many motorists have seen the inside of a jail cell, if only briefly, because
they have not received notice in the mail. And to add insult to injury,
the BMV is not to blame because it has complied with the law by sending
you the notice to your last known address. Accordingly, please pull out
your driver's license and check the listed address. If you are no
longer living there, you should go to a license branch and give the BMV
your current address.
Pleading Guilty Extends Your Suspension
Second, another very important thing to know is that if you plead guilty
to a misdemeanor driving while suspended, OR admit to an infraction driving
while suspended, your license WILL BE SUSPENDED FOR ANOTHER 90 DAYS by
the BMV. Thus an endless cycle begins that is hard to escape. Therefore,
you should contact an attorney experienced in both criminal and traffic
law prior to admitting to any criminal offense or infraction.
Why Was I Suspended?
Some of the main reasons that suspensions occur are:
- Caught driving without insurance
- Driver failed to take BMV-ordered defensive driving course
- Prior conviction or judgment for operating while suspended
- Failure to pay a fine to the court
- Failure to pay reinstatement fee to BMV or show proof of insurance as directed
- Have not paid a judgment for a car accident that occurred previously
- Suspended due to pending criminal case such as operating while intoxicated
The examples listed above are merely examples of incidents that might lead
to a license suspension, and should not be viewed as an exhaustive compilation.
In some situations, there are ways to get your license back without an
attorney. You can always visit a local BMV branch to inquire about the
basis for your suspension. However, the BMV will not provide you with
legal advice. We encourage you to consult a lawyer experienced with the
laws and regulations applicable to driver's license issues. Further,
it is usually very important to seek legal counsel when facing new driving-related charges.
We Will Fight To Keep Criminal Charges Off Of Your Record
There are often ways to keep such charges off of your record and to avoid
the suspensions that come with those convictions. A little time and money
now could save thousands of dollars and lots of time in the future.
In fact, most drivers with problematic driving records could have avoided
many of their problems if they had contacted experienced counsel along
the way. In other words, it is much easier to keep one speeding ticket
off of a driver's record than it is to have several removed in order
for the driver to get his or her license back.
Another major problem specific to the operating while suspended (OWS) charge
is that there is no provision in the law in the state of Indiana to obtain
a hardship or probationary license that allows you to drive to work. Most
people think that a driver can almost always apply for a work license
if suspended. In fact the reverse is true.
Charged With Driving On A Suspended License In Indiana? Call Us Today.
If you take nothing else from this section, please consider
talking to an attorney at Arnold Terrill, P.C., before admitting to any criminal or traffic
offense. We can review your case and your driving record with you and
determine the best course of action. We will work hard to make sure that
you understand exactly why you are suspended and what you need to do to
fix that very important problem. We invite you to give us a call at 888-912-7220.