Operating a motor vehicle in Indiana requires a valid driver’s license. It is a crime in Indiana to operate a motor vehicle without a license. Under Indiana law, this charge can result in a Class C misdemeanor. Additionally, in some circumstances, you can be charged with a Class A misdemeanor. In this blog, we will go through the potential repercussions of being caught without a driver’s license, as well as some common questions.
Understanding the Law
The crime of driving without a license is outlined in Indiana Code § 9-24-18-1. If you are found to knowingly or intentionally be driving upon a highway and have never received a valid driver’s license it is a Class C misdemeanor. This can carry a penalty of up to 60 days in jail and a fine of up to $500. However, “the offense is a Class A misdemeanor if the individual has a prior unrelated conviction under this section.” Ind. Code § 9-24-18-1(a) (2023). A Class A misdemeanor can carry a penalty of up to one year in jail.
Burden of Proof
When charged with this crime, Indiana Code § 9-24-18-1(b) stipulates that the:
(b) “burden is on the defendant to prove by a preponderance of the evidence that the defendant:
(1) had been issued a driver’s license or permit that was valid; or
(2) was operating a motor driven cycle;
at the time of the alleged offense. However, it is not a defense under subdivision (2) if the defendant was operating the motor driven cycle in violation of IC 9-21-11-12.”
What does “a preponderance of the evidence” mean? This means that the proof you present must be more convincing in comparison to the evidence brought by the prosecution. Simply put, the evidence must tip the scales in your favor. This standard of proof is lower than the typical “beyond a reasonable doubt” standard that usually takes place in criminal cases.
The Impact
What may have initially started as a simple traffic stop for speeding or failing to properly stop at a stop sign, can quickly turn into something much more serious. Beyond facing arrest and potential jail time, this offense can result in your vehicle being impounded and a prolonged legal process. The financial toll can be substantial. Costs quickly add up with court fees, impound lot fees, and the cost of an attorney. If you have been charged with driving without a license, it is important to hire an attorney who can not only help present evidence on your behalf, but also help speed up the legal process to mitigate the costs as much as possible.
What Qualifies as a Motor Vehicle and Public Highway
Knowing what qualifies as a motor vehicle and a public highway is important. While an obvious example is driving a car on the interstate, the definition extends further. A motor vehicle can include mopeds and dirt bikes and a public highway extends to any road open to the public. Essentially, if your vehicle runs on fuel and you are on a public road, having a valid driver’s license or learner’s permit is mandatory.
Other Scenarios
Often, clients inquire about scenarios where they do possess a valid driver’s license but still face arrest or even situations where they were not actively operating the vehicle. In Indiana, the burden falls on you to prove, by a preponderance of the evidence, that you possess a valid license or were not operating the vehicle. To successfully navigate these legal intricacies, legal representation is vital.
Don’t Delay, Reach Out Today
If you or someone you know are facing criminal charges for operating a vehicle without a license in Indiana, hiring a criminal defense attorney is crucial. At the Marc Lopez law firm, our criminal defense attorneys are dedicated to representing our clients with the best possible defense strategies available. Let us be your trusted partner and do not leave your future to chance. Call us today at 317-632-3642 and remember—always plead the 5th!
