State v. Velykoretskykh

Notice of suspension, like a return of service, was not testimonial.

Defendant appealed his conviction for driving with a suspended license. Defendant’s license was suspended for failing a breath test. Defendant was subsequently stopped for a traffic infraction and arrested for driving while suspended. At trial, Defendant raised an affirmative defense of lack of notice. The State introduced the notice of suspension documents signed by the officer for the breath test failure. Defendant objected on confrontation grounds because the officer that issued the suspension was unavailable. The trial court denied the motion. Defendant also moved for a judgment of acquittal (MJOA), which was denied. Defendant was found guilty. On appeal, Defendant argued that the trial court erred in admitting the suspension document and was entitled to MJOA. The Court applied the analysis of 6th amendment rights in the post-Crawford era and found that the trial court did not err in admitting the notice of suspension document into evidence. The Court also concluded that the trial court did not err in denying the MJOA as Defendant did not produce sufficient evidence to support his affirmative defense. Affirmed.