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Appellate court rules statute not unconstitutional

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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.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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