ILNews

Court accepts habitual traffic violator case

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court decided Thursday to consider a case that presents an issue of first impression regarding an Operating While being a Habitual Traffic Violator statute.

In the case State of Indiana v. Karl D. Jackson, 29A02-0610-CR-867, the Indiana Bureau of Motor Vehicles determined in 2003 that Karl D. Jackson was a habitual traffic violator and suspended his license. The state agency mailed a notice to Jackson, but he hadn't notified the BMV that he had moved so he never received it.

A Carmel police officer stopped Jackson in January 2005, arrested him for driving with a suspended license, and the state eventually charged him with being a habitual traffic offender. But Jackson obtained an acquittal from the trial court because he didn't have actual knowledge that his license was suspended because of his habitual status; only that his license was suspended. The Indiana Court of Appeals agreed in April.

This case gives the justices a chance to revisit an unresolved issue from a 1999 ruling dealing with the Operating While being a Habitual Traffic Violator (OWHTV) statute. In Stewart v. State, 721 N.E. 2d 876, 879 (Ind. 1999), the court held that the state needed to prove the act of driving, that a license suspension or HTV adjudication had happened, and that the defendant "knew or should have known" about the suspension. But that holding left open whether the state must prove the defendant actually knew his license was merely suspended or that it was because of his HTV status.

"The plain language of the statute is ambiguous as to whether the State must show that defendants know of their status as an HTV, or know merely that their license is suspended," Judge Margret Robb wrote in the 18-page ruling in April. "It would create an inconsistent result to interpret the statute to require that the State must prove that the defendant merely knew his or her license was suspended, but that the rebuttable presumption arises only upon proof of proper notice of the defendant's status as an HTV, and not upon proof of mere notice of a suspension."

Judge Robb added, "These considerations, along with the requirement that we construe penal statutes strictly against the State and resolve ambiguities in favor of the accused, lead us to hold that the OWHTV statute requires that the State prove the defendant knew his or her license was suspended because of that person's status as an HTV."

The appellate court ruled that a defendant's failure to notify the BMV of a change in address doesn't leave that person without the ability to rebut the presumption of knowledge.
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  1. 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

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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