Chicago DUI lawyer comments on Suspended License law south of the Mason-Dixon line

This Chicago DUI lawyer is from the south. Generally, folks north of the Mason-Dixon line think they are more progressive than those that live south of that irrefutable boundary. Inevitably, the “Northerners” can be surprised to find that the south, once again can be far more enlightened than those in cold climes would like to believe.

In Illinois, I’ve posted here, here, and here about Driving while your license is suspended or revoked, 625 ILCS 5/6-303. This law is pretty straight forward and one of the most difficult to get an acquittal. The primary reason is knowledge that your license is suspended/revoked is required in order to be found guilty of this offense. Imagine the Northern chagrin when they discover that North Carolina insists on knowledge.

From North Carolina Criminal Law: UNC Governmental Blog:

The state supreme court first held in State v. Atwood, 290 N.C. 266 (1976), that the legislature intended that a defendant have actual or constructive knowledge that his or her license had been suspended or revoked before the defendant could be convicted of violating G.S. 20-28(a). The Atwood court based this determination on the requirement in G.S. 20-16(d) that DMV notify a person that his or her license is suspended or revoked and provide an opportunity for a hearing on the matter.

Atwood further held that while the mailing of a notice by DMV in accordance with G.S. 20-48 raises a prima facie presumption that a defendant received the notice and thereby acquired knowledge of the suspension or revocation, a defendant may rebut this presumption.

Wow! This is in stark contrast to the law in Illinois.

625/ILCS 5/6-303:

Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked.

(a) Except as otherwise provided in subsection (a 5), any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor.

Yep, absolutely no requirement of knowledge is even contemplated by the Illinois statute. It is simply presumed.