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HEADNOTE: Tyrone L. Smith v. State of Maryland, No. 76, September Term, 2011 BURDEN OF PROOF--TRANSPORTATION: To convict a defendant of driving without a license under Section 16-101(a) of the Transportation Article, the State need only prove part (1), that the defendant was driving without a license, as part of its case-in-chief. If a defendant wishes to assert that he is either expressly exempt from the licensing requirement or otherwise is specifically authorized to drive under the statute, he must raise such a claim as an affirmative defense.

Circuit Court for Carroll County Case No. 06-K-09-38696

IN THE COURT OF APPEALS OF MARYLAND No. 76 September Term, 2011

TYRONE L. SMITH v. STATE OF MARYLAND

Bell, C.J., Harrell Greene Adkins Barbera Wilner, Alan M. (Retired, Specially Assigned) Cathell, Dale R. (Retired, Specially Assigned),

JJ.

Opinion by Adkins, J.

Filed: March 21, 2012

In this case, we must pull over and decide a narrow legal issue that emerged from a routine traffic stop. Petitioner Tyrone L. Smith was convicted of driving without a license in 2009. He appealed, claiming that the State's evidence was insufficient to convict him under Section 16-101(a) of the Transportation Article. That section reads: In general. -- An individual may not drive or attempt to drive a motor vehicle on any highway in this State unless: (1) The individual holds a driver's license issued under this title; (2) The individual is expressly exempt from the licensing requirements of this title; or (3) The individual otherwise is specifically authorized by this title to drive vehicles of the class that the individual is driving or attempting to drive. Md. Code (1977, 2008 Repl. Vol.),

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