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FL Traffic Ticket Defense

Driving with a Suspended License, Part V: When the State Cannot Prove the Defendant's Knowledge of a Suspension
Posted by: dpakula on Friday, January 26, 2007 - 07:01 PM
Law 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.
 
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Florida Traffic Ticket Defense

Florida Traffic Ticket Defense :: Attorney, Lawyer :: Defending Florida traffic tickets in Broward, Dade and Palm Beach County.

David B. Pakula, P.A.
Attorney At Law

1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
dpakula@infionline.net
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Mr. Pakula served as a Broward County Traffic Court Magistrate from 2002 to 2004. He is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.

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