State v. Williams

Under Iowa Code 321.561, the State must prove as the essential elements of the offense of driving while barred as a habitual offender that the defendant operated a motor vehicle during the time period his or her license was revoked as a habitual offender. Proof that the Iowa Department of Transportation (IDOT) mailed a notice of revocation to the defendant may be relevant to whether the defendant’s license was in fact revoked, but it is not an actual element of the offense.The Supreme Court affirmed Defendant’s convictions of both operating while intoxicated third offense as a habitual offender and driving while barred. Contrary to Defendant’s contention on appeal, Defendant’s conviction for driving while barred need not be set aside where the State did not prove it mailed notice of revocation to Defendant because proof of mailing is not an essential element of the State’s proof. View "State v. Williams" on Justia Law