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COA reverses conviction after BMV stumbles over address

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A driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.

Israel Cruz was charged with operating a vehicle while suspended as a habitual traffic violator after he was pulled over for speeding while the HTV suspension was in effect. At a bench trial, Cruz admitted he knew he was not supposed to drive because he did not have an Indiana driver’s license; however, he denied having any knowledge of the HTV suspension.

The trial court ruled the state met its burden because the defendant did not rebut the presumption that he knew his license was suspended. Cruz was convicted of a Class A misdemeanor and sentenced to 365 days, all suspended to probation except for time served.

In Israel Cruz v. State of Indiana, 49A02-1204-CR-301, the COA reversed Cruz’s conviction because the evidence was not sufficient to show Cruz knew he was suspended.

Cruz asserts this case raises an issue of first impression regarding the meaning of “last address shown” in I.C. 9-30-10-16(b) when the driver has never held a license.

The Indiana Bureau of Motor Vehicles sent notice of an HTV suspension to Cruz in 2011 to 3518 Steer St., Indianapolis. Cruz testified he did not live at that address so he never received the notice, and the BMV could not to explain why it used that location.

The court records submitted into evidence show three different addresses for Cruz, but none list the 3518 Steer St. residence. A BMV employee surmised the state agency probably obtained the address from the documentation generated from Cruz’s first traffic violation in 2004.

However, the COA ruled the employee was “simply guessing” and that the other addresses in the HTV packet were all more recent than 2004. The court noted although there is ample evidence that Cruz knew he had never received a license and that he was not supposed to drive, driving without having received a license is a separate offense than driving while suspended. Yet, the state chose not to charge him with driving without having received a license.

“In conclusion, though Cruz’s conduct is clearly blameworthy, the evidence presented by the State was not sufficient to prove beyond a reasonable doubt that he knew that he was suspended,” Judge Terry Crone wrote for the court.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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