Etter v. State

I respectfully dissent. As noted by the majority, proof of a valid suspension is an essential element of the offense of driving while suspended due to HTV status. Fields v. State, 679 N.E.2d 898, 901 n. 6 (Ind.1997); Brown v. State, 677 N.E.2d 517, 519-20 (Ind.1997). Moreover, in order to prove a valid suspension, the State must prove that the BMV mailed the notice of suspension mandated by Ind.Code § 9-30-10-5. Id. Finally, the notice of suspension mandated by Ind. Code § 9-30-10-5 must inform the driver of the right to seek judicial review of the suspension. Pebley v. State, 686 N.E.2d 168,…