Legal Opinion · Dissent

Fields v. State

Indiana Court of Appeals

Decided December 31, 1996No. 49A02-9503-CR-151Published

1DissentStaton, Judge

I dissent because the Majority misses the gravamen of the knowledge element of the crime of driving with a suspended license. Three elements must be proven by the state to establish the crime of driving with a suspended license; they are:(1) operation of a motor vehicle; (2) while driving privileges are suspended; and “(3) a showing that the defendant knew or reasonably could have known that his driving privileges had been suspended as a result of his having been determined to be an habitual traffic offender.” Stanek v. State, 519 N.E.2d 1263, 1266 (Ind.Ct.App.1988).

The Majority misstates the…

2Cases cited22 opinions

  1. Marshall v. StateIndiana Supreme Court · 1993
  2. State v. KeihnIndiana Supreme Court · 1989
  3. Miller v. StateIndiana Supreme Court · 1990
  4. Collins v. StateIndiana Supreme Court · 1991
  5. Burdine v. StateIndiana Court of Appeals · 1987

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