ILNews

Appellate court rules statute not unconstitutional

Back to TopCommentsE-mailPrintBookmark and Share

The presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.

Even though Jacob Donaldson waived his appeal of the constitutionality of the statute in Jacob A. Donaldson v. State of Indiana, No. 71A03-0811-CR-564, the appellate court still addressed the issue in Donaldson's appeal of his conviction of operating a motor vehicle while privileges are suspended as a Class A misdemeanor.

Over the course of nearly six months, Donaldson received driving suspension notices for various reasons with various suspension dates. He also received a notice of reinstatement during that time, but the notice didn't specify any of Donaldson's suspensions. He was pulled over for speeding and charged with operating a motor vehicle while suspended as a habitual offender, a Class D felony.

During a bench trial, a habitual traffic violator packet was admitted over Donaldson's objection. The trial court also rejected his argument he was confused by all the notices and concluded a reasonable person could have contacted the Bureau of Motor Vehicles to figure out the status of his driving privileges. At his sentencing hearing, his conviction was reduced to the Class A misdemeanor.

On appeal, Donaldson argued I.C. Section 9-30-10-16(b) is unconstitutional because it mandates a presumption of knowledge of suspension if the state can show the BMV mailed notice of the suspension to the defendant's last known address. Despite the waiver, the appellate court addressed his argument and found the statute isn't unconstitutional. The Court of Appeals cited Thompson v. State, 646 N.E.2d 687 (Ind. Ct. App. 1995), and Chilcutt v. State, 544 N.E.2d 856 (Ind. Ct. App. 1989), to support its finding that the presumption in the statute at issue is permissive and not mandatory.

"In light of our decisions in Chilcutt and Thompson, the statute must be read to declare that, upon proof of one fact, service of the suspension by first class mail at the defendant's last shown address, the defendant's knowledge of the suspension may be presumed or inferred, but this presumption can be rebutted," wrote Judge Patricia Riley.

The Court of Appeals also affirmed the admittance of the HTV packet because it wasn't purported to be a complete copy of Donaldson's driving record but was just a copy of the record requested by the state. The state only requested the HTV packet and that was admitted, wrote Judge Riley.

There is also sufficient evidence to support Donaldson's convictions because the state proved beyond a reasonable doubt he knew his driving privileges were suspended.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT