Driving while license suspended With Knowledge of Such Suspension

Any person whose driver's license or driving privilege has been suspended, except a habitual traffic offender who, knowing of such suspension drives any motor vehicle upon the highways of this state while such license or privilege is suspended, upon: 

(a) A first conviction is guilty of a misdemeanor of the second degree, punishable by 60 days in the county jail and/or a fine of $500.00.

(b) A second conviction is guilty of a misdemeanor of the first degree, punishable by 1 year in the county jail and/or a fine of $1,000.00.

(c) A third or subsequent conviction is guilty of a felony of the third degree, punishable by 5 years in state prison and/or a fine of $5,000.00.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection or the person admits to knowledge of the suspension, or the person received notice as provided in subsection. There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

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