State of Iowa v. Deshaun Marvin Lamar Williams

WIGGINS, Justice (dissenting).

The majority holds the State is not required to prove it mailed notice to Deshaun Williams as an element of the offense of driving while barred. I dissent based upon my analysis of the statutory scheme and due process considerations.

I begin my analysis with State v. Green , 722 N.W.2d 650 (Iowa 2006). There we addressed the issue of whether the Iowa Department of Transportation (IDOT) established it had sent notice-"the condition precedent to agency action"-to the licensee prior to suspending her license. Id. at 651. We first examined the general notice…