Iowa Code 321.555 – Habitual offender defined
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As used in this section and sections 321.556 through 321.562, “habitual offender” means any person who has accumulated convictions for separate and distinct offenses described in subsection 1, 2, or 3, committed after July 1, 1974, for which final convictions have been rendered, as follows:
1. Three or more of the following offenses, either singularly or in combination, within a six-year period:
a. Manslaughter resulting from the operation of a motor vehicle.
b. Operating a motor vehicle in violation of section 321J.2 or its predecessor statute.
c. Driving a motor vehicle while the person’s driver‘s license is suspended, denied, revoked, or barred.
d. Perjury or the making of a false affidavit or statement under oath to the department of public safety.
e. An offense punishable as a felony under the motor vehicle laws of Iowa or any felony in the commission of which a motor vehicle is used.
f. Failure to stop and leave information, to render aid, or to otherwise comply with sections 321.261 and 321.263.
g. Eluding or attempting to elude a pursuing law enforcement vehicle in violation of section 321.279.
h. Serious injury by a vehicle in violation of section 707.6A, subsection 4.
Terms Used In Iowa Code 321.555
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Commission: means the natural resource commission of the department. See Iowa Code 321I.1
- Department: means the state department of transportation. See Iowa Code 321H.2
- Driver: means a person who operates a motor vehicle for the transportation of railroad workers in the motor vehicle on behalf of a railroad worker transportation company, whether the person is employed by the company for wages or drives for the company as an independent contractor. See Iowa Code 327F.39
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Motor vehicle: means a self-propelled vehicle purchased or leased in this state, except as provided in section 322G. See Iowa Code 322G.2
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- Statute: A law passed by a legislature.
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2. Six or more of any separate and distinct offenses within a two-year period in the operation of a motor vehicle, which are required to be reported to the department by section 321.491 or chapter 321C, except equipment violations, parking violations as defined in section 321.210, violations of registration laws, violations of sections 321.445 and 321.446, violations of section 321.276, operating a vehicle with an expired license or permit, failure to appear, weights and measures violations and speeding violations of less than fifteen miles per hour over the legal speed limit.
3. The offenses included in subsections 1 and 2 shall be deemed to include offenses under any valid town, city or county ordinance paralleling and substantially conforming to the provisions of the Code concerning such offenses.