July 18, 2011, 11:19andersondamisd
In a Driving While License Invalid/Suspended case, there is an affirmative defense if the defendant did not receive actual notice of the suspension. Now, actual notice is presumed if the notice was mailed in accordance with law.
My question has to do with how I would prove the notice was mailed in accordance with law. I remember on older certified driving records that the record would show when notice was mailed to the defendant, but the new, updated driving records don't mention this information, other than a blurb in the Driver Responsibility Program section which states "This section displays information relating the Driver Responsibility Program. Any suspension action resulting from a notice will be referenced in the Enforcement Action History Section." When I look at Enforcement Actions in that section, all they have is the begin date, the end date and a description of the enforcement action.
Is there anyone who has any ideas of how I should counter an affirmative defense like this? Anyone who's dealt with this issue on another case?
July 18, 2011, 13:04GMcDonald
Get the DWLI packet from DPS. It will contain copies of the notices sent to the licensee.