Appellate court reinstates habitual traffic violator charge

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Finding a trial court abused its discretion when it granted a man’s motion to dismiss a Class D felony operating a vehicle as a habitual traffic violator charge, the Indiana Court of Appeals reversed and ordered the charge reinstated.

Chad Bryant received notice in 2011 from the Indiana Bureau of Motor Vehicles that his license was suspended because he had three unrelated convictions for motor vehicle offenses over the course of ten years. However, the letter from the BMV incorrectly included a charge that had been dismissed. Bryant does, however, have three unrelated convictions within that time frame.

He was pulled over in June 2012 and told police his license was suspended. That’s when the state charged him with operating as a habitual traffic violator. He filed a motion to dismiss, arguing his suspension wasn’t valid in 2012 because the notice informing him of his HTV status was incorrect. The trial court granted the motion to dismiss.

“Here, Bryant argues that, because one of the convictions the BMV listed on its HTV notice was actually a charge that the State dismissed, he did not commit the convictions underlying his HTV determination and there was thus a material error,” Judge Rudolph Pyle III wrote. “Based on the Supreme Court’s decisions in (Starks v. State, 816 N.E.2d 32 (Ind. 2004)), and (State v. Oney, 993 N.E.2d 157 (Ind. 2013)), he contends that the trial court did not abuse its discretion when it granted his motion to dismiss because it could not have convicted him for operating a vehicle as an HTV where there was a material error in the HTV determination. However, we disagree.

"In the instant case, Bryant has not challenged his HTV determination, either through the BMV or judicial review. Accordingly, in line with the preceding judicial precedent, we need not address whether the BMV’s erroneous listing of Bryant’s charges was a material error because we must consider his suspension valid until he directly challenges it. As a result, we conclude that the State properly charged Bryant with Class D felony operating a vehicle as an HTV as a matter of law and that the trial court abused its discretion when it granted Bryant’s motion to dismiss. We reverse the trial court’s dismissal and remand for further proceedings.”

Judge Cale Bradford concurred in result, saying the case could be decided on the basis that Bryant cannot establish his suspension suffers from material error within the meaning of the holding in Oney and that the suspension was invalid.

The case is State of Indiana v. Chad Bryant, 32A01-1306-CR-282.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...