People v. McPeak

Defendant was convicted, after stipulated bench trial, of driving while license suspended. Statutory summary suspension was in effect, from a DUI arrest in another county, was in effect when Defendant was stopped. State was under no obligation to present evidence to prove that Defendant was not operating vehicle as allowed by monitoring device driving permit (MDDP). That a driver is eligible for MDPP does not necessarily mean that driver will comply with MDDP requirement. As there was insufficient evidence to raise a defense based on issuance of, and compliance with, a MDDP, State met its burden of proof by establishing that Defendant drop during SSS and was eligible for MDDP. (JORGENSEN and BURKE, concurring.)