Card v. State

James Card appeals his conviction for driving while his license was revoked as an habitual offender, in violation of section 322.34(5), Florida Statutes (2004). Card argues that driving records are testimonial hearsay; consequently, the rights guaranteed to him by the Confrontation Clause of the Sixth Amendment were violated when his driving record was introduced at trial without a showing that the records custodian of the Florida Department of Highway Safety and Motor Vehicles ("DHSMV") was unavailable and that he had a prior opportunity to cross-examine that person. We hold that a self-authenticating driving record is not testimonial hearsay and affirm Cards conviction.