The Colorado Court of Appeals issued its opinion in People v. Boulden on Thursday, July 14, 2016.
Knowledge Element ofDriving Under Restraint.
Defendant’s driver’s license had been suspended for seven months when he was pulled over. He was convicted of driving under restraint.
On appeal, defendant contended that there was insufficient evidence to support his conviction. Knowledge is an essential element of the crime of driving under restraint. The prosecution admitted into evidence a certified copy of defendant’s driving history, which showed that notice of defendant’s driver’s license suspension had been mailed to him. Mere proof of mailing, however, is not sufficient in a criminal case to prove beyond a reasonable doubt a defendant’s knowledge of restraint of his driver’s privilege. Accordingly, no reasonable jury could have found that the prosecution proved the knowledge element of driving under restraint. Defendant’s conviction and sentence for driving under restraint were vacated, and the trial court was directed on remand to enter a judgment of acquittal.
Summary provided courtesy of The Colorado Lawyer.