Commonwealth v. Duncan

939 S.W.2d 336, 1997 Ky. LEXIS 30, 1997 WL 86116
CourtKentucky Supreme Court
DecidedFebruary 27, 1997
DocketNo. 95-SC-62-CL
StatusPublished
Cited by5 cases

This text of 939 S.W.2d 336 (Commonwealth v. Duncan) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Duncan, 939 S.W.2d 336, 1997 Ky. LEXIS 30, 1997 WL 86116 (Ky. 1997).

Opinions

DONALD L. JOHNSON, Special Justice.

On December 7, 1994, the Respondent, Nina L. Duncan, was arrested and charged with driving on a suspended license in violation of KRS 186.620(2). Ms. Duncan pled not guilty, and a bench trial was held on December 20, 1994, before Kenton District Court Judge Martin Sheehan. Judge Sheehan, relying on Commonwealth v. Dean, Ky., 732 S.W.2d 887 (1987), found Ms. Duncan not guilty because the only evidence introduced by the Commonwealth was a certified copy of Ms. Duncan’s driving history from the Kentucky Transportation Cabinet.

The Commonwealth petitioned this Court for certification of the law regarding the following issue: Whether the Transportation Cabinet’s driving history constitutes sufficient evidence of suspension or revocation of an operator’s license for purposes of prosecution under KRS 186.620(2). This Court granted certification.

By granting certification, this Court must once again review its holding in Dean, swpra, which summarily rejected certification of the same issue presented herein based upon the ruling in Commonwealth v. Willis, Ky., 719 S.W.2d 440 (1986), which held that a certified copy of the Transportation Cabinet’s driving history was not admissible as evidence of prior convictions for driving under the influence of alcohol at the trial of a subsequent DUI offense.

In requesting that this Court overrule Dean, the Commonwealth asserts that this Court failed to make a critical distinction between the facts and rationale in Dean and [337]*337Willis. Specifically, the Commonwealth states that the reasoning in Willis is inapplicable to a suspended license situation because Willis involved the use of the Transportation Cabinet’s driving history to prove a prior DUI “conviction.” As a corollary, the Commonwealth asserts that in a suspended license situation, they are not attempting to prove a prior “conviction,” rather, they are only attempting to prove the “status” of being suspended. As set forth below, we agree and hereby overrule Commonwealth v. Dean, supra.

In Willis, this Court stated that in order to prove a prior “conviction” for DUI, a certified copy of the prior judgment of conviction must be introduced, not simply a certified copy of the Transportation Cabinet’s driving history. The basis for this decision was that the certified copy of the driving history was contrary to the “ ‘best evidence’ rule.” Id. at 441. In other words, if the Commonwealth is required to prove a previous conviction pursuant to KRS 189A.010 et seq. (in order to obtain enhanced penalties for the subsequent DUI conviction), the “best evidence” of that conviction is a certified copy of the prior judgment. We believe the holding in Willis, supra, is sound as to proving a prior conviction under the facts presented therein.

However, in prosecuting a suspended license charge, it is not necessary to prove a prior conviction. Rather, it is only necessary that the Commonwealth prove that the individual was operating a vehicle while his or her license was suspended. KRS 186.620(2). Thus, it is the license suspension, and not a conviction, which is essential to establishment of the charge of operating a motor vehicle on a suspended license. The basis for the suspension is irrelevant. See, e.g., State v. Gin, 158 Ariz. 202, 761 P.2d 1106 (Ct.App.1988). In fact, requiring proof of a prior conviction in a charge for driving on a suspended license may be impossible in some cases because no court conviction is necessary if the Transportation Cabinet independently suspends a motorist’s license.

Pursuant to KRS 186.570, the Transportation Cabinet may independently suspend the licenses of motorists in nearly a dozen instances, including but not limited to situations where a motorist has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury; has a mental or physical disability which makes it unsafe to drive; or has failed to pay child support which would equal one (1) year of nonpayment.

In addition to KRS 186.570, the Transportation Cabinet may also independently suspend the license of motorists in the following situations: children under the age of eighteen (18) who have dropped out of school or are academically deficient, KRS 186.560(7); suspension of the license of a minor upon the death of the parent or guardian who signed the minor’s license application, KRS 186.470(3); suspension of the license of individuals against whom a civil judgment, involving an automobile accident, remains unsatisfied, KRS 187.410.

Clearly, where the Transportation Cabinet has independently suspended a motorist’s license, a certified copy of the Transportation Cabinet’s driving history may be the “only” evidence of the suspension.

A certified copy of the Transportation Cabinet’s driving history satisfies the authentication requirement of KRE 902, titled “Self-authentication,” which states in pertinent part:

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
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(4) Official records. An official record or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by an official having the legal custody of the record.

The admissibility of a certified copy of a motorist’s driving history for conviction of driving on a suspended license has been upheld in a number of other jurisdictions. See State v. Stidham, 164 Ariz. 145, 791 P.2d 671 (Ct.App.1990); Borton v. State, 563 N.E.2d 182 (Ind.Ct.App.1990); State v. McCallum, 321 Md. 451, 583 A.2d 250 (1991); State v. Berrey, 803 S.W.2d 37 (Mo.Ct.App.1990); [338]*338City of Billings v. Lindell, 236 Mont. 519, 771 P.2d 134 (1989); State v. Zalta, 217 N.J.Super.

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Related

Commonwealth v. Sales
173 A.3d 825 (Superior Court of Pennsylvania, 2017)
Galloway v. Commonwealth
424 S.W.3d 921 (Kentucky Supreme Court, 2014)
Lisle v. Commonwealth
290 S.W.3d 675 (Court of Appeals of Kentucky, 2009)
Commonwealth Transportation Cabinet v. Mohney
107 S.W.3d 907 (Court of Appeals of Kentucky, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
939 S.W.2d 336, 1997 Ky. LEXIS 30, 1997 WL 86116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-duncan-ky-1997.