DES MOINES, Iowa (AP) — The Iowa Supreme Court has agreed to review whether prosecutors must elicit testimony from a live witness to prove someone’s driving privileges have been revoked.
The court said Tuesday it would review the case of Brian Michael Kennedy, who was convicted of driving while revoked after a 2010 traffic stop in Danville.
Kennedy contends that his constitutional right to confrontation was violated because prosecutors were allowed to prove that his license was revoked by offering a copy of his driving record into evidence. He argues that he should have been able to question a live witness about the details.
An appeals court ruled in August that the driving record was admissible without live testimony, citing a prior Iowa Supreme Court ruling.