ILNews

COA reverses conviction after BMV stumbles over address

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT