INSTRUCTIONS TO THE JURY
DRIVING UNDER SUSPENSION
§ 56-1-460
THE DEFENDANT IS CHARGED WITH
DRIVING UNDER SUSPENSION, A VIOLA-
TION OF SOUTH CAROLINA LAW, §56-1-
460. THE STATE MUST PROVE BEYOND A
REASONABLE DOUBT THAT THE DEFEND-
ANT DROVE A MOTOR VEHICLE ON A PUB-
LIC HIGHWAY IN THIS STATE DURING THE
TIME THE DEFENDANT’S DRIVER’S LI-
CENSE WAS CANCELLED, SUSPENDED, OR
REVOKED.
THE LAW FURTHER REQUIRES FOR THE
DEFENDANT TO BE GUILTY OF DRIVING
UNDER SUSPENSION, HE (OR SHE) MUST
HAVE BEEN NOTIFIED BY THE DEPART-
MENT OF PUBLIC SAFETY THAT HIS DRIV-
ER’S LICENSE HAS BEEN CANCELLED,
SUSPENDED, OR REVOKED.
ADDITIONALLY, AS INDICATED BY SOUTH
CAROLINA LAW, § 56-1-360, PROVIDES THE
FOLLOWING:
WHEN NOTICE IS REQUIRED CONCERN-
ING A PERSON'S DRIVER'S LICENSE,
THE NOTICE MUST BE GIVEN BY THE
DEPARTMENT OF MOTOR VEHICLES BY
DEPOSITING THE NOTICE IN THE
UNITED STATES MAIL WITH POSTAGE
PREPAID ADDRESSED TO THE PERSON
AT THE ADDRESS CONTAINED IN THE
DRIVER'S LICENSE RECORDS OF THE
DEPARTMENT. THE GIVING OF NOTICE
BY MAIL IS COMPLETE TEN DAYS AF-
TER THE DEPOSIT OF THE NOTICE. A
CERTIFICATE BY THE DIRECTOR OF
THE DEPARTMENT OR HIS DESIGNEE
THAT THE NOTICE HAS BEEN SENT AS
REQUIRED IN THIS SECTION IS PRE-
SUMPTIVE PROOF THAT THE RE-
QUIREMENTS AS TO NOTICE OF SUS-
PENSION HAVE BEEN MET EVEN IF
THE NOTICE HAS NOT BEEN RECEIVED
BY THE ADDRESSEE.
(If Necessary) (If Defendant Claims “No
Notice”)
EACH PERSON IS CHARGED WITH AND
REQUIRED BY SOUTH CAROLINA LAW, §
56-1-230, TO PROVIDE THE DEPARTMENT
OF MOTOR VEHICLES THE NEW ADDRESS
WHEN THAT PERSON PERMANENTLY
MOVES FROM THE ADDRESS NAMED IN
THE ISSUED LICENSE WITHIN TEN DAYS
OF SUCH MOVE.