State v. Cannady

The Supreme Court held that the statutory notification process necessary for a conviction for operating after habitual offender revocation is not satisfied where the Secretary of State elects to mail the notification of license revocation to the licensee’s most recent address on file with the Secretary of State pursuant to Me. Rev. Stat. 29-A, 2557-A(1)(A)(4), and that notification is returned by postal officials as undeliverable.The Supreme Court vacated Defendant’s conviction for operating after habitual offender revocation where (1) in 2004, the Secretary of State mailed a notice to Defendant’s last known address notifying him that his right to operate a motor vehicle was about to be revoked and that letter was returned by postal authorities to the Secretary of State’s office, and (2) more than eleven years later, Defendant was charged with operating after habitual offender revocation. Therefore, the evidence was insufficient to support the determination that Defendant received or otherwise had actual knowledge of the revocation. View "State v. Cannady" on Justia Law