7.712 — DRIVING ON A SUSPENDED LICENSE WITHOUT KNOWLEDGE

Violations of "Statute 7.712" results in a Class E Misdemeanor

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(a) Definitions

Driving on a suspended license without knowledge is defined as operating a motor vehicle on a public roadway while the driver's license has been suspended or revoked, but the individual was unaware of the suspension at the time of driving. The lack of knowledge is a key element in this offense, where the driver did not have prior notice of the suspension.

(b) Elements

To establish the offense of driving on a suspended license without knowledge, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motor vehicle on a public road or highway.

• The defendant’s driver's license was suspended or revoked at the time of the offense.

• The defendant did not know, and had no reason to know, that their license had been suspended or revoked.

• The defendant continued to drive without any reasonable notice or indication that their license was suspended or revoked.

(c) Defenses

Defenses against a charge of driving on a suspended license without knowledge may include:

• The defendant had not been properly notified of the suspension or revocation, either through official channels or due to an administrative error.

• The defendant had taken reasonable steps to check the status of their license and had no reason to believe it was suspended or revoked.

• The defendant’s suspension occurred due to a clerical error or miscommunication that caused the suspension to be improperly applied.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant has a history of license suspensions or violations, even if unaware of the current suspension.

• The defendant was involved in a traffic incident or caused an accident while operating the vehicle.

• The defendant had prior knowledge of a suspension in a related matter but did not take appropriate steps to ensure their license status.

• The defendant was operating the vehicle in an unsafe or reckless manner, increasing the risk to others on the road.