Maryland Howard County License Suspended Driving Evidence Mens-Rea Lawyers Attorneys

WILLIAM THOMAS RICE, JR. v. STATE OF MARYLAND

COURT OF SPECIAL APPEALS OF MARYLAND

February 6, 2001, Filed

In the Circuit Court for Howard County (Gelfman, J.), William Thomas Rice, appellant, was convicted in a court trial of driving while his license was suspended, in violation of Md. Code (1999 Repl. Vol. & 2000 Supp.), 16-303(c) of the Transportation Article ("TA"), speeding, failing to obey a stop sign, and failing to display a registration card on demand.

Appellant was sentenced to one weekend in the Howard County Detention Center and was fined $ 500 on the driving while suspended conviction. He was fined a total of $ 200 on the lesser convictions. On appeal, appellant challenges the sufficiency of the evidence to support his conviction for driving while suspended. Specifically, he contends that, on the evidence presented, the State could not prove the element of mens rea necessary to sustain that conviction.

Issue:

Whether the evidence was insufficient to sustain the defendant conviction?

Whether mens rea is an element of the offense of driving while suspended?

The Court finds that there was ample evidence of knowledge on appellant's part sufficient for the court to find, beyond a reasonable doubt, the intent element of the offense of driving while suspended. As the court pointed out, appellant was not a novice in matters pertaining to the MVA. He had had his driving privileges suspended in the past. On June 2, 1999, he was assessed 8 points upon being convicted of driving while under the influence. It is immaterial whether appellant was informed by the court that assessed those points that the law requires the MVA to notify a person who has accumulated8 points that, absent a request for a hearing, his license will be suspended. "Everyone is 'presumed to know the law regardless of conscious knowledge or lack thereof, and is presumed to intend the necessary and legitimate consequences of his actions in its light.'" Once appellant was convicted of DUI and had 8 points assessed against him, he had reason to believe that the MVA would take action to suspend his driving privilege. The evidence established that the Karas Walk address appeared on appellant's driver's license, and, accordingly, was the address to which the MVA would have addressed the certified notice of suspension letter. The evidence thus supported a rational finding that the green card notifying appellant that a certified letter to him from the MVA was awaiting collection at the post office was delivered to the house at which appellant was living at least part time. This evidence in turn supported a rational inference that appellant was aware of the existence of the green card, and simply did not go to the post office to pick up the certified letter. This evidence, together with the evidence of appellant's knowledge concerning his accumulated points, was sufficient to support a rational factual finding that any lack of actual knowledge by appellant of the suspension of his privilege to drive was the result of "deliberate ignorance" or "willful blindness" on his part.

The court affirmed defendant's conviction. Although knowledge of suspension was required to support conviction, such knowledge could be manifested by deliberate ignorance as well as by actual receipt of a notice letter.

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

Maryland Howard County License Suspended Driving Evidence Mens-Rea Lawyers Attorneys

By: Atchuthan Sriskandarajah

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