The defendant was charged with the crime of operating a motor vehicle while his license to operate was under suspension in violation of General Statutes
The jury could reasonably have found the following facts: The defendant was operating a motor vehicle on Route 25 in the town of Monroe on February 17, 1980, when he was stopped for driving with defective tail lights. Although the defendant produced a valid Oklahoma driver's license, the officer's radio check revealed that the defendant's Connecticut license had been suspended since June 21, 1977, because he had failed to appear in a Massachusetts court to answer a motor vehicle violation. The suspension was predicated upon an agreement between Connecticut and Massachusetts that authorized the reciprocal suspension of licenses of drivers who failed to appear *Page 386
to answer traffic charges in either state. This reciprocal suspension agreement was legislatively authorized under General Statutes
The defendant assigns as error the trial court's admission of the reciprocal agreement into evidence without requiring the state to offer additional evidence that the agreement was in effect on June 21, 1977. This agreement was offered through a representative of the motor vehicle commissioner, who conceded on cross-examination that he was unaware of whether the agreement was in effect on June 21, 1977. Because of this alleged deficiency, the defendant charges that the agreement should not have been admitted as an exhibit. We do not agree.
Furthermore,
It is not obligatory that the state prove in prosecutions for driving while under suspension that the commissioner's action in suspending a license was valid. Accordingly, since the state made out a prima facie case with its exhibits, the defendant had the burden of proving any defense that the suspension was improper by a fair preponderance of the evidence. State v. Fernandes, supra, 114. Even if we concede, arguendo, that the reciprocal agreement was inadmissible, its admission was not materially injurious to the defendant because the state had clearly proved a prima facie case without it. State v. L'Heureux,
There is no error.
In this opinion DALY and F. HENNESSY, Js., concurred.
