Iowa Code » Chapter 321 — MOTOR VEHICLES AND LAW OF THE ROAD

Iowa Code § 321.561

Punishment for violation

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It shall be unlawful for any person found to be a habitual offender to operate any motor vehicle in this state during the period of time specified in section 321.560 except for a habitual offender who has been granted a temporary restricted license pursuant to section 321.215, subsection 2. A person violating this section commits an aggravated misdemeanor. [C75, 77, 79, 81, §321.561] 87 Acts, ch 34, §1; 95 Acts, ch 143, §4; 96 Acts, ch 1034, §27; 2001 Acts, ch 132, §14 Referred to in §321.555, 321.562, 321J.4B\n\n 321.562 Rule of construction. Nothing in sections 321.555 through 321.561 or this section shall be construed as amending, modifying, or repealing any existing law of this state or any ordinance of any political subdivision relating to the operation of motor vehicles, the licensing of persons to operate motor vehicles, or providing penalties for the violation thereof. [C75, 77, 79, 81, §321.562] 2014 Acts, ch 1092, §80 Referred to in §321.555\n\nTue Dec 09 22:17:01 2025 Iowa Code 2026, Chapter 321 (137, 2)

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Notes of Decisions
Cited in 103 cases (22 in the last 5 years), 1977–2026 · leading case: State v. Snyder
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State v. Snyder (2001) iowa · cites it 52× “See Iowa Code § 321.561 . Later, Snyder moved to dismiss.”
State of Iowa v. Deshaun Marvin Lamar Williams (2018) iowa · cites it 42× “See Iowa Code § 321.561 (2015). Based on our reading of the statute, we conclude the State must prove the defendant (1) operated a motor vehicle (2) during the time period his or her license was revoked as a habitual offender under section 321.”
State v. Millsap (2005) iowa · cites it 7× “See Iowa Code §§ 321.561 (classifying driving while barred as an aggravated misdemean- or), 907.”
State v. Robbins (1977) iowa · cites it 12× “Defendant was charged by Information with driving his automobile in violation of § 321.561, The Code, 1975. When his demurrer to the Information was overruled, he elected to stand on the grounds there asserted and refused to plead over.”
State of Iowa v. Deyawna Leanett Taylor (2016) iowa · cites it 4× “On July 28, 2014, the State charged Deyawna Taylor with one count of driving while barred in violation of Iowa Code section 321.561 (2013) and one count of prostitution in violation of Iowa Code section 725.”
State v. Hildebrand (1979) iowa · cites it 4× “There the statute, section 321.561, contained only one provision for confinement: "imprisonment in the penitentiary for not more than two years .”
State v. Boleyn (1996) iowa · cites it 8× “Iowa Code § 321.561 . Boleyn's license was barred at the time the present OWI offense was committed.”
State v. Petrie (1991) iowa · cites it 4× “The defendant appeals from the district court’s restitution order requiring the de *621 fendant to pay attorney fees and court costs after he was convicted pursuant to a guilty plea of driving while barred, an aggravated misdemeanor in violation of Iowa Code section 321.561…”
State v. Randall (1977) iowa · cites it 9× “Defendant, Steven Lane Randall, appeals from judgment imposing sentence following his conviction based on a plea of guilty to the crime of operating a motor vehicle contrary to section 321.561, The Code. The facts herein are undisputed.”
State v. Cook (1997) iowa · cites it 4× “See Iowa Code § 321.561 . We reach this conclusion by analogy to the trial of a possession-of-a-firearm-as-felon charge.”
State v. Wise (2005) iowactapp · cites it 4× “Iowa Code § 321.561 . That a police officer saw Mr.”
State v. Barnes (2002) iowa · cites it 2× “Defendant, Theodore Raynard Barnes, entered a written plea of guilty to the offense of driving while his license was barred, an aggravated misdemeanor, in violation of Iowa Code section 321.561 (1999). He was sentenced to an indeterminate term of imprisonment, not to exceed two…”
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