Navigating a Charge of Driving While Barred in Iowa

In Iowa, driving is considered a privilege, not a right. When a driver’s license is barred, it signifies a severe restriction imposed by the state, often due to habitual traffic violations or serious offenses. Being charged with Driving While Barred is a serious matter that can lead to significant legal consequences. This article aims to provide a comprehensive overview of what it means to be barred from driving in Iowa, the penalties associated with violating this status, and the steps one should take if faced with such a charge.

Understanding License Barment in Iowa

In Iowa, a driver’s license can be barred when an individual is classified as a habitual offender. This classification is typically the result of accumulating multiple serious traffic violations within a specific timeframe. According to Iowa Code § 321.560, a habitual offender is someone who has committed a series of offenses that demonstrate a disregard for traffic laws and public safety. The barment period usually ranges from two to six years, depending on the severity and frequency of the violations.

Penalties for Driving While Barred

Operating a vehicle while your license is barred is classified as an aggravated misdemeanor in Iowa. The penalties for this offense are substantial and may include:

• Fines: A minimum fine of $855 and up to $8,540, plus applicable surcharges and court costs.
• Incarceration: Up to two years in prison. While jail time is not mandatory, it is a possible outcome, especially for repeat offenders.
• Extended Barment Period: The Iowa Department of Transportation (DOT) may extend the barment period for an additional duration equal to the original barment. For instance, if your license was barred for two years, a conviction for driving while barred could result in an additional two-year barment.

Legal Defenses and Navigating the Legal Process

Facing a charge of driving while barred can be daunting, but there are potential defenses and strategies to consider:

1. Challenging the Barment Status: If you were unaware of your barment or believe it was imposed in error, you might have grounds to contest the charge. This could involve reviewing DOT records and the notification process to ensure all procedures were correctly followed.
2. Necessity Defense: In rare cases, if you drove due to an emergency that posed an immediate threat to health or safety, this defense might be applicable. However, proving necessity is challenging and requires compelling evidence.
3. Plea Negotiations: Depending on the circumstances, it might be possible to negotiate a plea to a lesser charge, such as driving while suspended, which carries lighter penalties.

Given the complexities involved, it’s crucial to consult with a criminal defense attorney experienced in Iowa traffic laws. They can assess the specifics of your case, advise on the best course of action, and represent you in court proceedings.

Steps to Reinstate Driving Privileges

If your license has been barred, regaining your driving privileges requires adherence to specific procedures:

1. Serve the Barment Period: You must wait until the barment period has fully elapsed.
2. Satisfy Court Requirements: Ensure all fines, court costs, and any other legal obligations are paid in full.
3. Complete Required Programs: Depending on the reasons for barment, you might need to complete certain programs, such as substance abuse treatment or defensive driving courses.
4. Provide Proof of Financial Responsibility: Often, this involves filing an SR-22 form, which is a certificate of insurance proving you carry the state’s minimum liability coverage.
5. Apply for Reinstatement: Submit an application to the Iowa DOT, along with any required documentation and reinstatement fees.

It’s advisable to contact the Iowa DOT or consult with a legal professional to ensure all steps are correctly followed, as failure to do so can result in further delays or complications.

Preventative Measures and Conclusion

To avoid the severe consequences associated with driving while barred:

• Stay Informed: Regularly check the status of your driver’s license, especially if you’ve had recent traffic violations.
• Comply with Traffic Laws: Adhering to traffic regulations reduces the risk of violations that could lead to barment.
• Seek Legal Counsel: If you’re facing multiple traffic offenses, consult with an attorney to explore options that might prevent license barment.

Being charged with driving while barred in Iowa is a serious offense with significant legal repercussions. Understanding the nature of barment, the associated penalties, and the legal avenues available is essential for navigating this challenging situation. By taking proactive steps and seeking professional legal assistance, individuals can work towards mitigating the impact of such charges and restoring their driving privileges. With the right legal defense, you may be able to reduce penalties or avoid severe outcomes. At Checketts Law, PLC, we understand the complexities of Iowa’s traffic laws and are dedicated to protecting your rights and your future.

Contact us today for a free consultation. We’ll evaluate your case, explain your options, and build a defense strategy tailored to your situation. Call 888.686.6211 or fill out our online form to get started. Don’t face this challenge alone—let us help you move forward with confidence!

**DISCLAIMER: Accessing or reading this post does not create an attorney-client relationship nor is the information offered as legal advice. Checketts Law, PLC only provides legal advice to clients, and a party becomes a client only after signing an engagement letter which has been signed by an attorney legally authorized to act on the firm’s behalf.