Arizona revised statutes driving on a suspended license

Thus, the prosecutor must show that you were properly notified of the change in status of your license. Ultimately, though, the Judge will determine your degree of knowledge. This relatable defense is one that juries often respond to.

If a request for a hearing takes place, the suspension will be stayed and the person will be granted the right to operate the vehicle until the MVD procedure occurs usually within a period of two to three months. Keep in mind that even if a hearing is won, a license will still be suspended in the case of law enforcement professionals being capable of proving that the respective person has committed a DUI. If you believe that the suspension is not just, you can request a hearing. During the hearing, an administrative law judge will be tasked with establishing several things.

The most important ones include the following:. If the administrative law judge rules out that all of the conditions have been met, the suspension will be enforced. It will typically go into effect within a day period following the admin per se suspension hearing.

For example, in the City of Phoenix, the prosecutor will normally seek the following:. Although the judge is not bound to give these punishments, they are usually inclined to give some additional jail time for each prior conviction. If you are cited for driving on a revoked or suspended license your vehicle may be impounded by the law enforcement agency for up to 30 days. The State has the burden of proving that you were notified that your license had been suspended.

In other words, if you have moved and you did not change your address with the Motor Vehicle Department within ten 10 days of moving, then it is presumed that it is your fault that you did not receive your Notice of Suspension.

It is always up to the jury or to the judge if you are having a bench trial on a misdemeanor to determine whether you should have had knowledge of your suspension.

The only situation in which the charges may be legally dismissed is having a suspension that has resulted from unpaid civil penalties. Under the circumstances, several lines of defense could be expected to deliver good results.

To be classified as a criminal offense, driving on a suspended license has to occur knowingly and intentionally. The prosecutor faces the task of proving that the driver knew their license had expired and they still got behind the wheel.

The attorney will work on establishing the fact that the driver was unaware or uninformed of the suspension. Improper notification by the MVD could also be used as a form of criminal defense.

The prosecutor has to prove that all procedures were followed and a notification of the license suspension was sent by the MVD to the driver. To be charged, a driver has to be found operating the vehicle under suspended license laws. A final line of defense that an attorney could employ is a violation of constitutional rights.