Q: Was found guilty of driving while suspended as a Class A misdemeanor. Law states driving is knowing driving while

Suspended. I had been out of state for a couple of months. The suspension letter was dated 2 says prior to me getting the ticket. The judge informed me that I was correct about the text of the law, however stated that "case law" says driver "knows or should know" their license is suspended, and ruled me guilty. He was nice enough to suspend my jail time and not suspend my license. However the charge is still on my driving record and I am officially now a Criminal. Can I appeal this case? Or expunge my record?

1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
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Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: You should contact a local attorney very soon as appeals are time sensitive on filing a notice of appeal. An expungement of the conviction is possible, but there is also a time frame before you can petition the court. If you miss your deadline then you would be barred from going forward on the appeal so you need to speak with an attorney quickly so your specific facts and circumstances can be discussed before the deadline passes.

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