Riggins, 35 FLW 2480, error to deny JOA - Charge of operating unregistered vehicle where the sole evidence presented by the state was officer's hearsay testimony that he ran VIN through database on his in-car computer and determined that the car was not registered properly. Testimony did not fall "within absence of record or entry" exception to hearsay where officer did not perform a diligent search that failed to disclose a record that should have been made and preserved. State failed to call witness who could have established a foundation. Officer only relayed the date written on the expired tag and the date of the traffic stop with nothing more.
The Law Offices of Roger P. Foley,P.A.