170 A.2d 925 | D.C. | 1961
Appellant was tried before a jury and found guilty of driving a motor vehicle in the District of Columbia during a period in which his operating privilege was suspended.
The evidence presented at trial revealed that on January 29, 1960, appellant drove an automobile that failed to display a current District of Columbia inspection sticker. He was stopped by a Metropolitan policeman who asked to see his driver’s permit. Though appellant testified he exhibited a permit,
In attacking the validity of his conviction appellant argues that suspension of an operating privilege is limited by law to a set period of time, at the expiration of which the privilege is automatically restored to the party without any official action on the part of the Department of Vehicles and Traffic. Therefore, appellant reasons, he could not have been lawfully charged with driving while his permit was suspended since the suspension period of twenty days commenced on December 29, 1959, and ended prior to January 29, 1960, the arrest date.
As is evident from the statement of appellant’s argument, he really claims that the Department of Vehicles and Traffic had no authority to extend his suspension period beyond twenty days by forbidding him to drive until his privilege had been officially restored.
It is not unreasonable to require that one whose permit has been lawfully suspended shall take some affirmative action to effect its restoration. Had appellant promptly applied for restoration of his permit at the end of the suspension period, we have no doubt it would have been promptly restored to him.
Affirmed.
. Code 1951, 40-302 (d).
. This permit, appellant testified, was given to Mm by an unidentified female employee of the Department of Vehieles and Traffic on January 22, 1960. He also stated that the employee told him the permit was “usable.”
. The Permit Control Section notified appellant of Ms suspension in a letter that warned Mm that “the suspension shall remain in effect, and under no condition are you to operate a motor vehicle in the District of Columbia, until you have been officially restored, and have in your possession a valid District of Columbia Motor Vehicle Operator’s permit.” (Emphasis added.)»