Habitual Traffic Violations In Indiana

In Indiana, a driver who has a certain number of traffic offenses in a 10-year period may be labeled a habitual traffic violator. This designation is serious, and a driver who is considered a habitual traffic violator may have their license suspended for 10 years. A habitual traffic offender who drives while their license is suspended may even face felony charges and imprisonment, depending on the circumstances. In situations like these, you need an experienced leading Indianapolis criminal defense attorney to defend your rights and interests.

Is your license at risk due to habitual traffic violations? Get the defense you need by calling our lawyer at (317) 500-4857 for help today.

What Is A Habitual Traffic Violator Under Indiana Law?

According to Indiana Code 9-30-10, a “habitual violator” is a person who has committed a specific number of traffic violations within 10 years. The number of violations within that 10-year period will depend on the type of offense, such as drag racing versus vehicular manslaughter. To count as separate violations within 10 years, the judgments must not have arisen from the same incident.

A habitual traffic violator in Indiana is a person who, within 10 years, has accumulated: 

• Two judgments for:
  • Reckless vehicular homicide
  • Vehicular manslaughter (voluntary or involuntary)
  • Fleeing the scene of an accident that caused injury or death
  • An OWI offense that caused death
• Three judgments for:
  • OWI
  • Drag racing or engaging in an illegal speed contest
  • Reckless driving
  • Any felony offense involving the operation of a motor vehicle
• Ten judgments for any traffic violation (other than a parking ticket), but one of these violations must have been for a major offense, such as vehicular manslaughter or OWI.

Penalties For Habitual Traffic Offenders

When the Indiana Bureau of Motor Vehicles (BMV) determines that a driver is a habitual traffic violator, they will mail a notice to the person’s last known address. This will inform the driver that their license is to be suspended in 30 days. Once 30 days pass, the BMV will suspend the driver’s license.

A 10-year license suspension will apply to most habitual traffic violators in Indiana, with some exceptions. If a habitual violator has at least two violations within 10 years for an OWI offense that caused death, they will face lifelong license suspension. Drivers who are considered habitual violators because of 10 traffic violations (and only one for a major offense) within 10 years will face license suspension for five years.

Driving As A Habitual Traffic Violator in Indiana

In Indiana, it is a felony to drive while one’s license is suspended due to a habitual traffic violator designation. Additional criminal charges may apply if the person caused injury or death as a result of driving on a suspended license. Imprisonment, fines and lifetime license suspension may be imposed as penalties for driving as a habitual traffic violator in Indiana.

Potential Legal Defenses for Habitual Traffic Offenders

If you’ve been designated as a habitual traffic violator in Indiana, you still have options. A strong legal defense can help protect your driving privileges and reduce penalties. Here are some potential defenses that could be used:

• Administrative Error: Clerical errors by the Bureau of Motor Vehicles (BMV) can result in an incorrect HTV designation. Reviewing your driving record for these mistakes may allow you to challenge the suspension.
• Necessity Defense (Emergency): If you violated traffic regulations due to an emergency, such as rushing someone to the hospital, this could justify your actions and potentially avoid penalties.
• Incorrect Offense Counting: The BMV may have incorrectly counted your offenses. For example, two violations during the same traffic stop should not count as separate major offenses. Correcting these errors can impact your HTV status.
• Driver Safety Program Participation: Completing a Driver Safety Program could remove points from your driving record, helping you avoid or reduce the consequences of an HTV designation.

Each case is unique, and the best defense depends on your specific circumstances. A personalized legal strategy can make all the difference in protecting your driving rights.

How the Law Office of B.D. Williams Can Help You

When facing habitual traffic violations, your two critical decisions are (i) hiring an attorney and (ii) choosing the right one. The Law Office of B.D. Williams is committed to providing you with the strongest defense possible, leveraging years of legal knowledge and courtroom success.

Here’s how we can help you:

• Extensive Courtroom Experience: Our team has spent years successfully defending our clients in the Indiana courtrooms. We are well versed in the local laws, the judges, and the prosecutors, and we use this knowledge to build the best possible defense for our clients.
• Thorough Review and Challenge of Your Driving Record: Errors can happen, and a mistake in your driving record could lead to an unfair HTV designation. We carefully examine your driving history to identify inaccuracies, challenge judgments, and work to correct your record when needed.
• Strong Defense Strategies: Whether you’re facing a license suspension or criminal charges, we craft a personalized defense strategy to protect your rights. From negotiating reduced penalties to defending you against felony charges, we are dedicated to achieving the best possible outcome.
• Personalized Legal Guidance: Every client’s situation is unique, and we provide tailored legal advice and representation. We’ll guide you through the legal process, ensuring you understand your options and rights at every stage of your case.
• Free Case Evaluation: We believe in starting your defense on the right foot. That’s why we offer a free initial consultation to discuss your case, answer your questions, and explore your legal options.

You Need An Indiana Habitual Traffic Violator Attorney

You have the right to contest the suspension of your license as an Indiana habitual traffic violator. You also have the right to defense counsel in the face of felony charges for driving as a habitual violator. Exercising these rights may be your only way of avoiding the loss of your license and possibly jail time. At the Law Office of B.D. Williams, our lawyer knows what it takes to represent clients who have been labeled habitual traffic offenders. He is a defense attorney who has been practicing law for more than two decades and is committed to securing the best result for every client. We’re here to take your call, day or night, to offer you a free initial consultation that will help you better understand your options. Contact our lawyer today by calling (317) 500-4857.