State v. Clark
State v. Clark
Opinion of the Court
*141Daniel Joseph Clark ("Defendant") appeals from a judgment entered upon jury verdicts finding him guilty of driving while his license was revoked and driving while displaying an expired license plate registration. The question raised in this appeal is whether the trial court violated Defendant's rights under the Confrontation Clause of the federal Constitution by allowing the State to introduce certified copies of his driving record and revocation orders from the Division of Motor Vehicles ("DMV"). We find no error.
I. Background
Defendant was found guilty of driving while his license was revoked and driving while displaying an expired registration. The court sentenced Defendant to a suspended sentence and placed him on supervised probation. Defendant entered notice of appeal in open court.
*142II. Analysis
In his brief, Defendant only argues error in his conviction for driving while his license was revoked. Therefore, any challenge to his conviction for driving while displaying an expired registration plate is waived. See N.C. R.App. P. 28.
In his sole argument on appeal, Defendant contends that the trial court erred in allowing the introduction of certain documentary evidence over his objection. The documents in question are (1) a copy of his driving record certified by the Commissioner of Motor Vehicles ("DMV Commissioner"); (2) two orders indefinitely suspending Defendant's drivers' license; and (3) a document attached to the suspension orders and signed by a DMV employee and the DMV Commissioner. In this last document, the DMV employee certified that the suspension orders were mailed to Defendant on the dates as stated in the orders, and the DMV Commissioner certified that the orders were accurate copies of the records on file with DMV.
Defendant contends that the introduction of these documents violated his constitutional right to confront and cross-examine his supposed accusers, the DMV Commissioner and the DMV employee. We disagree.
Our review is de novo. State v. Ortiz-Zape,
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." U.S. Const. amend. VI. Our resolution of the constitutional issue in the present appeal requires a brief review of several landmark United States Supreme Court decisions and the impact of those decisions on the admissibility of certain documentary evidence under our law.
The United States Supreme Court held in Crawford v. Washington,
In Melendez-Diaz v. Massachusetts,
Finally, in Bullcoming v. New Mexico, --- U.S. ----,
Our appellate courts have recognized that certain records kept by State agencies are admissible in criminal prosecutions where the record was not created in contemplation of being used in a criminal trial. See, e.g., State v. Raines,
*144State v. Kennedy,
In the present case, to convict Defendant of driving while his license was revoked, the State was required to prove that he "had actual or constructive knowledge of the revocation[.]" State v. Richardson,
Whenever the Division is authorized or required to give any notice under this Chapter or other law regulating the operation of vehicles, ... such notice shall be ... 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.... 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 (2012).
To prove that Defendant's license was revoked and that he knew it was revoked, *31the State moved to admit Defendant's driving record, the document attached to the orders indefinitely suspending his license, and the orders themselves. The bottom of each page of the driving record bears the following certification:
I certify that the foregoing is a true copy of the driving record of the within named person on the file in the Driver License Section of the N.C. Division of Motor Vehicles.
Signed /s/Kelly J. Thomas/s/ Commissioner of Motor Vehicles
*145The document attached to the suspension order contained a similar certification by the DMV Commissioner. The DMV employee's attestation to mailing the suspension order stated as follows:
I certify that I am an employee of the North Carolina Division of Motor Vehicles, and that the original of attached document was deposited by me in the United States mail on the mail date of the attached order in an envelope, postage paid, addressed as appears thereon, which address is shown by the records of the Division as the address of the person named on the document.
Signed /s/ Luann Garrett /s/
EMPLOYEE N.C. DIVISION OF MOTOR VEHICLES
Thus, while hearsay, the portions of the documents certifying their accuracy and attesting that the suspension orders were sent to Defendant prior to the offense date of his charge constitute substantive evidence of his commission of the offense. However, none of these records were "create[d] ... for the sole purpose of providing evidence against a defendant." Melendez-Diaz,
III. Conclusion
We hold that the copy of the driving record, the document authenticating the suspension orders and stating that it was mailed to the person named in the orders, and the two orders indefinitely suspending Defendant's license, are non-testimonial. Therefore, the admission of this evidence without accompanying testimony did not violate Defendant's right to confrontation.
NO ERROR.
Judges ELMORE and GEER concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.