Driving on a Suspended License
Phoenix & Scottsdale Criminal Traffic Attorney, Sheena Lemmons at Civil Rights Restored DUI & Criminal Defense
In order to legally drive a vehicle in Arizona, the driver must be qualified to do so. One of these qualifications is maintaining your privilege to drive. It is a class 1 misdemeanor in Arizona to drive a vehicle on a suspended or revoked license.
Often, a person’s driver’s license is suspended because they did not pay a fine for civil traffic ticket. Sometimes, the person does not even know their license was suspended or the traffic ticket even existed until they are pulled over by police for a moving violation. We understand this is not a welcome surprise and any criminal charges are very stressful to deal with.
Our skilled Phoenix criminal traffic ticket attorney is prepared to defend your case.
Civil Rights Restored, Phoenix Driving on a Suspended License Attorney
If you were charged with driving on a suspended license, Sheena Lemmons at Civil Rights Restored defends cases in Maricopa County including Phoenix, metro Phoenix area, Scottsdale, Tempe, Gilbert, Chandler, Mesa, Ahwatukee, Glendale, Avondale, and more.
Call us for a free consultation to start building your defense today.
What is Driving on a Suspended or Revoked License in Arizona?
Driving on a suspended license is defined in A.R.S. 28-3473 (2022).
A person is prohibited from operating a motor vehicle on a public highway if their privilege to drive is suspended, revoked, canceled or refused or if the person is disqualified from driving.
Why is My Driver’s License Suspended in Arizona?
A suspension is a temporary removal of your privilege to drive by the Arizona Department of Transportation Motor Vehicle Division (MVD).
A person’s driver’s license may be suspended for many reasons such as:
- Failing to pay fines for traffic tickets,
- For accumulating 8 or more points against your driving record in one year,
- Conviction of a criminal offense such as DUI,
- Failure to pay child support,
- Failure to appear in court for a civil traffic ticket on your hearing date, and
- Failure to complete Traffic Survival School when required to do so.
In order to reinstate your privilege to drive, a person must complete any requirements the MVD has against their license, apply for reinstatement with the MVD, and pay the reinstatement fee.
Why is My Driver’s License Revoked in Arizona?
Revocation refers to an action where the MVD removes your privilege to drive.
A person’s driver’s license will be revoked for the below reasons, including:
- Any felony involving the use of a vehicle,
- Failing to stop and render aid if you are involved in a traffic accident, and
- Aggravated DUI.
For two or more convictions for:
- reckless driving, and
- racing on the highways.
It is important to know that once the person’s revocation period has ended, the license will remain revoked. Once the revocation period has ended, a person must contact the MVD to complete an investigation packet, pay the reinstatement fee, and make sure all requirements are complete.
In addition to the application, you may be required to obtain proof of high risk insurance, known as a Certificate of Insurance, or an SR22. Unfortunately, this can be very expensive to maintain high risk insurance for a period of a few years. The MVD may also require you to take a written test, vision test, or a road test for reinstatement.
What are the Penalties of Driving on a Suspended License in Arizona?
Driving on a suspended or revoked license is a class 1 misdemeanor in Arizona. A class 1 misdemeanor is the most serious category of misdemeanor in the criminal code. Penalties for a first-offense conviction of driving on a suspended license include:
- Class 1 misdemeanor record
- Incarceration of up to 6 months, max
- Up to 3 years probation
- Up to $2,500 fine
- Possible vehicle impoundment for up to 30 days
Often, we see this charged as an aggravating element in a felony driving under the influence of alcohol or drug case (DUI) under A.R.S. 28-1383(A)(1) (2002), leading to much more serious charges.
For more information on felony DUI / aggravated DUI while driving on a suspended license click here.
Ready to Resolve Your Case?
If you are ready to speak with a Phoenix & Scottsdale driving on a suspended license attorney, contact Sheena Lemmons at Civil Rights Restored today.
Our goal is to help you resolve this case in the fastest and most beneficial way possible for you.
We will help you understand the underlying reason your license was suspended or revoked and assist you with the best next steps to fix the issues.
If your license was suspended due to a prior conviction, such as a DUI, then you must wait the statutory period of suspension or revocation before having the license reinstated and complete all of the requirements ordered by the court.
However, some cases can be dealt with in a straightforward manner by paying the civil traffic fines and applying for reinstatement.
If the driving on a suspended license charge is accompanied by other criminal traffic charges, we will work with the state on your behalf for a favorable resolution to case.
Let’s start fixing this together.
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