Attorneys for Appellee
Attorney General of Indiana
Scott A. Kreider
Deputy Attorney General
Appellant (Defendant below),
STATE OF INDIANA, Appellee (Plaintiff below ).
) Supreme Court No.
October 29, 2002
On October 7, 1994, the Bureau of Motor Vehicles (BMV) sent Desantis a
letter informing him that he was a habitual traffic violator (HTV) and that
his license would be suspended effective November 17, 1994. On November 30,
1995, the BMV sent Desantis a letter outlining his right to judicial review
of his license suspension. On November 19, 1999, Desantis was arrested for
operating a vehicle while intoxicated (OWI) and operating a m
otor vehicle after being
adjudged an HTV. Desantis pled guilty to the OWI on November 20,
2000, and was tried by the court on the HTV charge. On
January 5, 2001, the trial court convicted Desantis of operating a motor vehicle
after being adjudged an HTV, and he was subsequently sentenced to one and
one-half years in the Hancock County jail and suspension of his drivers license
The Court of Appeals correctly affirmed the judgment of the trial court.
See Desantis v. State, 760 N.E.2d 641 (Ind. Ct. App. 2001).
As outlined in our companion case, Desantis claims his HTV suspension is void
ab initio given the BMVs failure to provide information of judicial review opportunities
in the original suspension notice. Consequently, Desantis requests his subsequent conviction for
driving while suspended as an HTV be reversed. Because we hold in
the companion case decided today that the underlying HTV suspension is valid and
not void ab initio, there are no grounds to reverse the present conviction.
We grant transfer pursuant to Indiana Appellate Rule 58(A), adopt the opinion of
the Court of Appeals, and affirm the judgment of the trial court.
SHEPARD, C.J., and DICKSON, BOEHM, and RUCKER, JJ., concur.