7.714 — DRIVING ON A REVOKED LICENSE

Violations of "Statute 7.714" results in a Class D Misdemeanor with receiving an additional license point(s) of 6.

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(a) Definitions

Driving on a revoked license refers to operating a motor vehicle on a public roadway after the driver’s license has been officially revoked by the issuing authority. A revocation occurs when a driver's license is permanently canceled or withdrawn, often due to serious offenses such as DUI, repeated violations, or failure to comply with legal requirements. Unlike suspension, revocation is a more severe penalty, indicating that the driver is prohibited from legally operating a vehicle.

(b) Elements

To establish the offense of driving on a revoked license, 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• The defendant’s license had been revoked at the time of the offense.

• The defendant was aware, or should have been aware, that their license had been revoked by the relevant licensing authority.

• The defendant continued to operate a vehicle despite the knowledge or reasonable belief that their license was revoked.

(c) Defenses

Defenses against a charge of driving on a revoked license may include:

• The defendant had not been properly notified of the license revocation, and they were unaware of the revocation at the time of driving.

• The defendant was driving under an emergency situation, such as to seek medical assistance or prevent further harm, and had no reasonable alternative.

• The defendant’s revocation was due to an administrative error or the revocation was subsequently lifted or corrected.

(d) Aggravating Factors

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

• The defendant has a history of violations involving the revocation of their license.

• The defendant was involved in a serious accident or reckless driving incident while operating a vehicle on a revoked license.

• The defendant's conduct indicated a willful disregard of the revocation, such as attempting to evade law enforcement.

• The offense was committed while the defendant was engaging in other criminal activity or while driving a vehicle in a particularly dangerous manner.