Suspended License Franklin Virginia Lawyer Actual Knowledge

Suspended License Franklin Virginia Lawyer Actual Knowledge

Commonwealth v. Shawn
Facts:

Defendant sought review of a decision by the General District Court (Virginia), which convicted him of driving with no valid license.

Suspended License Franklin Virginia Lawyer Actual Knowledge

Suspended License Franklin Virginia Lawyer Actual Knowledge

Issue:
  • Whether the Defendant had actual knowledge that his license was suspended?
Discussion:

Defendant was stopped for speeding by a trooper who learned that his license had been suspended. The trial court convicted defendant of driving with no valid license held. On appeal, the court found that defendant was not guilty, holding that defendant could not be convicted for driving without a valid operator’s license because he did not have actual knowledge that his license had been suspended. The court found that there was nothing in the evidence to suggest that defendant knew anything about an unsatisfied judgment or a license suspension arising from the unsatisfied judgment. The court determined that the evidence did not appear to support a claim that defendant failed to keep the division of motor vehicles advised of his address and thereby contributed to his lack of knowledge, or that such a fact was relevant to defendant’s actual knowledge. The court found that defendant was not guilty of the offense of driving without a valid license

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.