DeSantis v. State

I respectfully dissent. While I agree that the doctrine of amelioration is inapplicable here, because the punishment for a violation of Indiana Code section 9-80-10-16 was not changed,7 I disagree that De-santis could be convicted pursuant to the foregoing statute absent proof that his driver's license suspension was valid.

The habitual traffic violation suspension notice issued to Desantis was invalid because it failed to include the judicial review provision mandated by Indiana Code 9-30-10, which governs repeat violations of traffic laws. This cireumstance rendered the State unable to meet…