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Habitual traffic violator’s conviction upheld

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Inaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled Wednesday.

Joshua McCaine Pillow argued that his conviction for Class C felony operating a motor vehicle after driving privileges had been forfeited for life should be overturned because neither his BMV driving record nor a 2010 judgment convicting him of Class D felony driving as a habitual traffic offender indicated his driving privileges were forfeited for life.

Pillow pleaded guilty in 2010 to Class D felony operating a motor vehicle while suspended as a habitual traffic violator; the agreement provided he would receive a lifetime suspension of driving privileges. He was pulled over in 2011 for driving with his headlights off and arrested for driving as a habitual traffic violator. His conviction on the charge led to a six-year sentence.

Indiana Code 9-30-10-17 says that a person who operates a motor vehicle after his or her driving privileges are forfeited for life under I.C. 9-30-10-16 commits a Class C felony. Pillow’s 2010 conviction falls under Section 16 and says that one who is convicted under that statute “forfeits the privilege of operating a motor vehicle for life.”

“The State was not obliged in the case before us to prove Pillow knew of his lifetime forfeiture. Knowledge of a lifetime forfeiture is not an element of Indiana Code § 9-30-10-17, so proof of knowledge is not necessary to sustain a conviction,” Judge Melissa May wrote in Joshua McCaine Pillow v. State of Indiana, 71A04-1206-CR-325.

The judges also held that his recent conviction wasn’t improper because at the time of his offense the BMV hadn’t received notice of the 2010 conviction.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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