Legal Question in Criminal Law in Iowa
Suspended liscence
What is the penalty for a first offense of driving with a suspended liscense
1 Answer from Attorneys
Re: Suspended liscence
It's a simple misdemeanor potential 30 days in jail and a fairly substantial fine and surcharge. It usually works out with no jail time and a fine.
Here's the code section.
321.218 OPERATING WITHOUT VALID DRIVER'S LICENSE OR
WHEN DISQUALIFIED -- PENALTIES.
1. A person whose driver's license or operating privilege has
been denied, canceled, suspended, or revoked as provided in this
chapter or as provided in section 252J.8 or section 901.5, subsection
10, and who operates a motor vehicle upon the highways of this state
while the license or privilege is denied, canceled, suspended, or
revoked, commits a simple misdemeanor. In addition to any other
penalties, the punishment imposed for a violation of this subsection
shall include assessment of a fine of not less than two hundred fifty
dollars nor more than one thousand five hundred dollars.
2. The sentence imposed under this section shall not be suspended
by the court, notwithstanding section 907.3 or any other statute.
3. The department, upon receiving the record of the conviction of
a person under this section upon a charge of operating a motor
vehicle while the license of the person is suspended or revoked,
shall, except for licenses suspended under section 252J.8, 321.210,
subsection 1, paragraph "c", or section 321.210A or 321.513,
extend the period of suspension or revocation for an additional like
period, and the department shall not issue a new driver's license to
the person during the additional period.
If the department receives a record of a conviction of a person
under this section but the person's driving record does not indicate
what the original grounds of suspension were, the period of
suspension under this subsection shall be for a period not to exceed
six months.
4. A person who operates a commercial motor vehicle upon the
highways of this state when disqualified from operating the
commercial motor vehicle under section 321.208 or the imminent hazard
provisions of 49 C.F.R. � 383.52 commits a serious misdemeanor if a
commercial driver's license is required for the person to operate the
commercial motor vehicle.
5. The department, upon receiving the record of a conviction of a
person under this section upon a charge of operating a commercial
motor vehicle while the person is disqualified, shall extend the
period of disqualification for an additional like period or for the
time period specified in section 321.208, whichever is longer.
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