Legal Question in Criminal Law in Indiana
Third driving offense
I was arrested in 2003 for operating a motor vehicle while intoxicated.My license was suspended,for the owi,and no insurance, and i did my punishment for that.In April of 2004, I was areested again for driving while suspended. Again, I did my punishment for that.I was recently arrested again in Dec. 2004 for driving while suspended and possesion of marijuana.My court date is in a couple of weeks.What should I do?I need a license to get back and forth from work.I'm getting ready to be a first time father,I have to support my child.Can I get a hardship license?What penalties am I facing?Am I facing jail time? Please help.
1 Answer from Attorneys
Re: Third driving offense
If chraged with a misdemeanor, you could if convicted receive jail time. If a class "A" misdemeanor, it could be suspended or you could be given up to 1 year. If this has been charged as a "D" felony and you are covicted, you could receive anywhere from 6 mos to 1 1/2 years. Keep in mind that the minimum is 6 mos, but could be suspendable as well depending on your previous criminal convictions. If aggravating factors are found, up to an additional 1 1/2 could possibly be given for total of three years. If this results in a first time conviction of a "D" felony, you might be sunject to the alternative misdemeanor statute, allowing reduction of the felony to misdemeanor status. Receiving a probationary or hardship license may not be be possible. You might find that you have lost it for a year, no matter what your circumstnaces are.
I would suggest you obtain an attorney to fully review your case and previous case history in order to determine what can actually be done. The sooner, the better. All may not be lost depending on the existing facts and circumstances. Yet, the full case will need to be reviewed to make any real call.
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