Driving with a Suspended License, Part V: When the State Cannot Prove the Defendant's Knowledge of a Suspension Articles / Law Posted by dpakula on Jan 26, 2007 - 07:01 PM One of the elements of the criminal offense of driving with a suspended license with knowledge is, of course, that the defendant had knowledge that his or her license was suspended. In a criminal prosecution, the State has the burden of proving this element beyond a reasonable doubt. The Defendant has the right to remain silent and not testify. So how can the State prove the defendant's knowledge? Florida law makes the prosecution's job easy in certain circumstances, and impossible in other circumstances. Hopefully, your case falls into the latter category. Florida law provides that the State can generally use the defendant's driving record to show that notice of a suspension was mailed to the defendant. The State then gets the benefit of a presumption that the defendant received the notice and therefore had knowledge of the suspension. However, the presumption does not apply in two circumstances: (1) when the suspension was for failure to pay a fine or appear in court, and (2) when the suspension was for failure to maintain the required automobile insurance. In these two circumstances, it is usually impossible for the State to prove its case. However, the State will be able to prove the defendant's knowledge, even if the suspension was for failure to pay, appear or maintain insurance, if the defendant admitted knowledge to the arresting law enforcement officer or if the defendant previously received a citation for driving with the same suspension. For every DWLS with knowledge case our office handles, we thoroughly analyze the circumstances to determine whether the State will be able to prove its case. Call us if you have questions about your case. This article is from Florida Traffic Ticket Defense   http://www.floridatrafficticketdefense.com/ The URL for this story is:   http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=16