The elements of driving while license revoked are “(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) (citation omitted).
Whenever the Division is authorized or required to give any notice under this Chapter or other law regulating the operation of vehicles, unless a different method of giving such notice is otherwise expressly prescribed, such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of such notice in an envelope with postage prepaid, addressed to such person at his address as shown by the records of the Division. N.C. Gen. Stat. § 20-48(a) (2006).
The giving of notice by mail is complete upon the expiration of four days after such deposit of such notice. N.C. Gen. Stat. § 20-48(a) (2006)(emphasis added)
Proof of the giving of notice in either such manner may be made by a notation in the records of the Division that the notice was sent to a particular address and the purpose of the notice. N.C. Gen. Stat. § 20-48(a) (2006).
The State satisfies its burden of proof of a violation of N.C. Gen.Stat. § 20‑28 when, nothing else appearing, it has offered evidence of compliance with the notice requirements of N.C. Gen. Stat.§ 20‑48 because of the presumption that he received notice and had such knowledge.” State v. Cruz, 173 N.C. App. 689, 697, 620 S.E.2d 251, 256 (2005) (internal quotations, citations, and alterations omitted).
Compliance with the notice requirements of N.C. Gen. Stat. § 20-48 raises a prima facie presumption of receipt which satisfies the notice requirement under N.C. Gen. Stat. § 20-28 unless successfully rebutted by the defendant. See State v. Coltrane, ___ S.E.2d ___, 2007 WL 1745216 N.C.App. 2007.
There is no requirement that the actual notice or letter be produced. N.C. Gen. Stat. § 20-48(a) (2006) (emphasis added).
Commissioner and officers of the Division designated by the Commissioner may
prepare under the seal of the Division and deliver upon request a certified
copy of any document of the Division ..., and [such] certified copy shall be
admissible in any proceeding in any court in like manner as the original
thereof, without further certification. N.C. Gen. Stat. § 20-42(b) (2006).
A certified copy of the Division's records may be sent by the Police Information Network, facsimile, or other electronic means. A copy of the Division's records sent under the authority of this section is admissible as evidence in any court or administrative agency and is sufficient evidence to discharge the burden of the person presenting the record that notice was sent to the person named in the record, at the address indicated in the record, and for the purpose indicated in the record. N.C. Gen. Stat. § 20-48(a) (2006) (emphasis added).
Admission of a letter of suspension or revocation is appropriate as evidence of notice in a prosecution for driving while license revoked; however, with no redaction of the specific offenses for which the license was revoked, introduction of the letter is a violation of Rule 404(b) of the North Carolina Rules of Evidence where no basis in the case has been shown for admission of the bare facts of the specific offenses. State v. Scott, 167 N.C.App. 783, 785-786, 607 S.E.2d 10,12 (2005).
The civil part of a revocation order into evidence is competent proof to show a defendant’s driver’s license was revoked and defendant had knowledge of the revocation, and introduction of the order is authorized under Rule 803(8)(A) of the North Carolina Rules of Evidence as a public records exception to the hearsay rule and State v. Woody, 102 N.C.App. 576, 578, 402 S.E.2d 848, 850 (1991).