Any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to Idaho Code § 49-320 that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction and whose license was suspended for any reason outlined in Idaho Code §§18-1502, 49-326(1)(g), 49-1204 and 49-1207, is guilty of an infraction punishable by a fine of one hundred fifty dollars ($150).
A person has knowledge that his license, driving privileges or permit to drive is revoked, disqualified or suspended when:
- He has actual knowledge of the revocation, disqualification or suspension of his license, driving privileges or permit to drive; or
- He has received oral or written notice from a verified, authorized source, that his license, driving privileges or permit to drive was revoked, disqualified or suspended; or
- Notice of the suspension, disqualification or revocation of his license, driving privileges or permit to drive was mailed by first class mail to his address, as shown in the transportation department records, and he failed to receive the notice or learn of its contents as a result of his own unreasonable, intentional or negligent conduct or his failure to keep the transportation department apprised of his mailing address as required; or
- He has knowledge of, or a reasonable person in his situation exercising reasonable diligence would have knowledge of, the existence of facts or circumstances which, under Idaho law, might have caused the revocation, disqualification or suspension of his license, driving privileges or permit to drive.
Penalties range from an infraction punishable by a fine of one hundred fifty dollars ($150) or a misdemeanor which may be punishable by jail time, fines, and/or additional suspension of driver’s license.
If you have 1 or more convictions for driving without privileges and you are charged with an additional DWP, you need to contact an attorney immediately to help you navigate the increased penalties and suspensions.
If you did not have notice that your privileges were suspended, you have an absolute defense to this charge and should not plead guilty. The state must prove beyond a reasonable doubt that you had knew of the suspension.
There are still opportunities to get the prosecutor to amend the charge or work out a plea agreement where your license will not be suspended and the jail time can be converted to another option like community service.