Can the State Prove Knowledge of a Suspended License Through the Driving Record Alone? Articles / Law Posted by dpakula on Oct 10, 2009 - 09:51 AM A recent appellate decision clarifies the proof necessary for the State to establish the knowledge element of a DWLS offense. In Haygood v. State, 34 Fla. L. Weekly D1905 (Fla. 1st DCA Sept. 17, 2009), the State introduced the defendant's driving record from the DHSMV reflecting a suspension for failure to pay a traffic fine and two child support delinquency suspensions. The driving record stated that the statutory notice was given to the defendant. The driving record did not list the defendant's address. The State presented no additional evidence showing the defendant knew his license was suspended. (Read on for the result). Section 322.34, Fla. Stat., provides that the knowledge element of DWLS is satisfied if the person was previously cited for DWLS, the person admits to knowledge, or the person received notice of the suspension. The statute further provides that there is a rebuttable presumption of knowledge if the DHSMV's records show the statutory notice was given, except in the case of a suspension for failure to pay a traffic fine or for a financial responsibility violation. The question in the Haygood case boiled down to this: Is a child support delinquency a "financial responsibility violation"? If so, the State did not carry its burden of proof merely by introducing the driving record. If not, the State carried its burden. The First District Court of Appeal held that a child support delinquency is a "financial responsibility" violation. Therefore, the State did not prove that the defendant knew his license was suspended. Without the statutory presumption of knowledge, the State was required to produce evidence that the defendant actually received notice of the suspension. The court stated: "The fact that [the defendant's] DHSMV record listed his license as having been repeatedly suspended does not prove that [the defendant] ever received notice of these suspensions." Accordingly, the appellate court reversed and remanded for a judgment of acquittal on the DWLS charge. 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=24