Tuesday, April 21, 2009

What Does Rescission Mean, Exactly?

State v. Stone, no. 07-1237 (Iowa April 17, 2009)

Stone was stopped for an expired registration and a records check revealed that his license was suspended for an OWI test refusal. Stone did have a work permit, but was cited because it did not appear that a trip to the Clown and the car wash met the description of going back and forth to work.

Stone was charged with driving while his license was suspended or revoked. Subsequent to his being arraigned Stone was notified by the DOT that the suspension had been rescinded. Stone moved to exclude any but the current record information and any reference to rescissions of suspensions, but the trial court declined to allow Stone to present evidence of the rescission because it was not relevant and tended to confuse the jury.

Stone argued that the rescission precluded the state from prosecuting him and that the court erred in not allowing him to demonstrate that on September 14, 2006 that his license was not revoked.

The Supremes disagreed, holding that rescission does not operate retroactively, and that on the date in question his license was in a state of revocation. Thus, he could be prosecuted, and admission of his certified driving record was properly refused.


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