Driving on a Suspended License Lawyer in Phoenix, AZ
Having a suspended or revoked driver’s license can have a serious domino effect on your life. Being charged with driving on a suspended or revoked license can wreak even more havoc on your life by exposing you to fines, jail time and other penalties; your ability to go to work or school and to obtain insurance can also be affected. If you are charged with driving on a suspended or revoked license, a lawyer familiar with these charges will give you the best chance at minimizing the future effects on your life and your ability to provide for your family. It is important to address your suspended or revoked driver's license as soon as legally possible as your failure to do so can lead to other more serious charges such as Aggravated DUI.
If you have been charged with Driving on a Suspended License in Phoenix Arizona you need a knowledgeable lawyer with experience dealing with this type of charge.
For a free consultation, call Cindy Castillo at Castillo Law 24/7 to discuss your case.
DRIVING ON A SUSPENDED OR REVOKED LICENSE IN PHOENIX ARIZONA
Arizona Revised Statute §28-3473 defines Driving on a Suspended License when you knowingly operate a motor vehicle while your driver’s license is suspended, revoked, cancelled, refused, or otherwise disqualified from driving.
Reasons for Suspension
In the State of Arizona, a licensed and/or privileged driver may be suspended or revoked for a number of reasons, including alcohol-related offenses, points accumulation for driving violations, failure to pay child support, or other criminal and non-criminal offenses. Driving while your license is suspended and/or revoked is a class one misdemeanor. A class one misdemeanor is punishable by up to a maximum of six months in jail; a fine of $2,500 plus surcharges; and probation up to three years. (Ariz. Rev. Stat. §§ 28-3473, 13-802, 13-707.)
If you are caught driving with a suspended or revoked license, police may impound your vehicle for up to thirty (30) days. (Ariz. Rev. Stat. § 28-3511(A).)
- Alcohol-related offenses
Your driver’s license may be suspended or revoked due to alcohol-related driving offenses, including a DUI and DWI convictions and/or refusing to consent to a test to determine whether you are driving under the influence. (Ariz. Rev. Stat. § 28-1321.)
- Accumulating points
Your driver’s license may also be suspended if you accumulate eight or more points on your driver’s license within a year. (Ariz. Rev. Stat. § 28-3306 (A)(3), Ariz. Admin. Code § R17-4-404.
- Other Offenses
Your driver’s license may be suspended or revoked for other reasons, including
- failing to appear in court for traffic violations or speeding tickets;
- failing to pay child support;
- causing an accident that seriously injures or kills someone; and
- reckless driving (Ariz. Rev. Stat. §§ 28-3308, 28-3306.)
Reasons for Revocation
In addition to discretionary suspensions and revocations, the Motor Vehicle Division must revoke your driver’s license for certain convictions. Convictions include, but are not limited to, the following:
- driving under the influence of a drug, (DUI Drug).
- homicide or aggravated assault when a motor vehicle is used
- a felony, if you used a motor vehicle to commit it
- certain thefts of motor vehicles
- drive-by shooting
- failing to stop at the scene of an accident involving death or personal injury
- perjury or making a false statement under oath to the Division of Motor Vehicles, and
- two or more convictions for DUI, reckless driving, or racing on highways. (Ariz. Rev. Stat. § 28-3304.)
Avoiding a Suspension
The Division of Motor Vehicles may suspend your license if you accumulate eight points on your license for traffic violations or for other reasons. In some circumstances you may avoid suspension by attending Traffic Survival School. (Ariz. Rev. Stat. §§ 28-3306, 28-3307.)
If you receive an administrative suspension of your driver’s license after a DUI arrest, you may timely request a hearing to challenge your driver’s license suspension or revocation. (Ariz. Rev. Stat. § 28-1385.)
Once suspended or revoked, your driver’s license will remain suspended or revoked for a certain specified period of time. Generally, the Motor Vehicle Division may not suspend or revoke your driver’s license for longer than a year. (Ariz. Rev. Stat. § 28-3315(A).) Certain convictions involving fatal accidents and certain DUIs, may be suspended for a period of more than one (1) year. (Ariz. Rev. Stat. § 28-3315(E).)
Reinstatement of License after Suspension or Revocation
If your driver’s license or privilege is suspended, it will remain suspended until you have it reinstated after the suspension period has expired. You must pay a reinstatement fee in addition to any other fees. (Ariz. Rev. Stat. § 28-3002.)
If your driver’s license or privilege is revoked, you may apply for a new driver’s license after your revocation period expires or after the cause of your revocation ends. The Motor Vehicle Division will investigate your driving record and make sure that all requirements are met before it issues you a new license. (Ariz. Rev. Stat. § 28-3315(B).) Under certain conditions, you may need to provide proof that your vehicle is insured before you can be licensed again. (Ariz. Rev. Stat. § 28-4073.)