According to Prowrestling.net, Awesome Kong was arrested Dec. 22 in Hillsborough County, Fla., for driving on a suspended license. She was released on $1,000 bond and awaits trial, where she will likely plead guilty and be given a large fine but possible probation (the charge of driving on a suspended license can be considered serious enough for the accused to be given mandatory jail time).
According to the Web site criminal.lawyers.com,
The elements of the offense of driving or operating a vehicle with a license under suspension or revocation must be proven to the jury beyond a reasonable doubt.
In many states, the prosecution is not required to prove that a motorist had a mens rea, or “guilty mind,” with respect to any element of the crime. Instead, in those states, the only two factors that must be proved are:
- That the defendant was driving a motor vehicle on a public highway, and
- That the accused’s driver’s license was suspended or revoked at the time he or she was driving
In some states, however, the prosecution must prove that the motorist had actual or constructive knowledge that his or her license was suspended or revoked at the time he or she was driving.
Proof of the mailing of the notice of suspension of the license to the driver is not an element of the offense, but the State is required to prove the mailing, nonetheless, in order for it to establish that the suspension is in fact valid.
However, there are many defenses to the crime, including proving the license status of the driver, proving the driver was given insufficient notice of the revocation, or proving the identity of the driver of the vehicle was not actually the accused.
Furthermore, many other defenses have been raised in trial to counter charges of driving with a suspended license, including necessity or emergency, religious beliefs, the constitutional right to travel, entrapment, and the doctrine of laches.
Oh, and Awesome Kong also signed with WWE. Good job! -Eric
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