Saturday, September 26, 2009
Driving with Suspended License DWLSR Defense Attorney Wins
Tampa Driving with Suspended License DWLSR Defense Attorney notes that the prosecutor introduced a copy of the defendant's driving record where defendant's driver's license was suspended for 3 different offenses. The record showed "notice required by statute" had been given, however the driving record did not contain defendant's address. Held: record not sufficient to prove that defendant was aware that his license was suspended on the date he was arrested. Where suspensions were due to financial obligations (versus unpaid traffic citations), the presumption of knowledge created by an entry in the Department of Highway Safety and Motor Vehicles records did not apply. State must present evidence that defendant actually received notice that his license was suspended.
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Source: 34 Fla. L. Weekly D1905a
Driving with Suspended License DWLSR
Labels: Driving While License Suspended or Revoked, Driving with Suspended License, DWLSR
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