We have DWLS going to trial. How does the CA prove the defendant received Notice of Suspension? Driver's Record Manager? Defendant says did not receive notice.
The old (very old)Texas Prosecutors Manual Vol.IV, section 64 has a old (very old) article on DWLS by Thomas S. Morgan, who at that time was an assistant CA in Bell County. There may be something useful there but I have not taken the time to look. The DPS has constructed a "heel-and-toe" game of deadlines that is designed to snag the defendant but the plaintiff can get caught in their own trap. Other than to refer you to this ancient source I have not been involved in your question. A hunch tells me the burden is on you for the predicate. The article is about the civil process of suspending the license but there might something of use in there.
John Hutchison, CA Hansford Co. TX
Accoding to 601.371(b) Notice is presumed to be received if the notice was mailed in accordance with the chapter to the last known address of the person as shown by department records.
So, if you get a copy of the notice letter from Austin, you've met the presumption. Remember that the state requires that a license holder update the known address within 30 days of changing addresses.
Given the above, are you asking about how to get the notice into evidence?
[This message was edited by Philip D Ray on 08-12-04 at .]
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