Legal Question in Criminal Law in Iowa

Suspended liscence

What is the penalty for a first offense of driving with a suspended liscense


Asked on 11/12/08, 6:15 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

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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Answered on 11/17/08, 10:36 am


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