Legal Opinion · Dissent

State v. Coltrane

Court of Appeals of North Carolina

Decided June 19, 2007No. COA06-895Published

1DissentTyson, Judge

The majority’s opinion holds the trial court properly denied defendant’s motion to dismiss the charge of driving while license suspended. I disagree.

I. Driving While License Suspended

To sustain a conviction of driving while license suspended, the State must show: “(1) [defendant] operated a motor vehicle, (2) on a public highway, (3) while his operator’s license was suspended or revoked, and (4) had knowledge of the suspension or revocation.” State v. Woody, 102 N.C. App. 576, 578, 402 S.E.2d 848, 850 (1991) (emphasis supplied) (citing State v. Chester, 30 N.C. App. 224, 226 S.E.2d 524…

2Cases cited4 opinions

  1. State v. ChesterCourt of Appeals of North Carolina · 1976
  2. State v. HeraldCourt of Appeals of North Carolina · 1970
  3. State v. WoodyCourt of Appeals of North Carolina · 1991
  4. Matter of TerrySupreme Court of North Carolina · 1986

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