In Arizona, a driver could face a criminal and/or administrative suspension of his or her driver’s license for numerous reasons. Driving on a suspended license is against the law. If a driver gets caught operating a vehicle with a suspended, revoked or canceled license, he or she could be penalized. This can include jail time, in some circumstances. Contact our Arizona suspended license attorney if you have been charged with driving on a suspended license.
Why Might a Driver’s License Get Suspended in Arizona?
A suspended license in Arizona means that a motor vehicle driver’s privileges have been temporarily removed by the Arizona Department of Motor Vehicles. It is against the law to drive with a suspended license. Doing so can result in misdemeanor charges and serious consequences, including potential jail time.
The law in Arizona provides many opportunities for the criminal courts as well as the Motor Vehicle Department (MVD) to suspend a driver’s license to operate a motor vehicle. This is a penalty that may be imposed for various traffic infractions, civil violations and criminal offenses. Examples include:
- Reckless driving
- Racing on highways
- Driving under the influence of alcohol or drugs (DUI)
- Refusing to take a breathalyzer test
- Failing to stop at the scene of an accident (hit-and-run)
- Accumulating too many demerit points on the driver’s license
- Delinquent child support payments
- Various criminal convictions
If a driver’s license gets suspended in Arizona, he or she legally cannot drive a motor vehicle. According to Arizona Revised Statutes, Section 28-3473, a person cannot operate a motor vehicle on a public road while his or her privilege to drive is suspended, revoked, canceled or refused. Driving on a suspended license is a Class 1 misdemeanor in Arizona under this statute and can come with serious penalties.
Penalties for Driving on a Suspended License in Arizona
In Arizona, a driver’s license could be suspended for many reasons, including a DUI conviction, too many demerit points or unpaid traffic tickets. According to Arizona Revised Statutes § 28-3473, operating a motor vehicle on a public highway while the driver’s privilege to drive is “suspended, revoked, canceled or refused or if the person is disqualified from driving” is a class 1 misdemeanor.
In the criminal system, driving on a suspended license can carry penalties of up to 180 days in jail, three years of probation, and $4,574 in fines and surcharges. Jail time is uncommon in a driving on a suspended license case.
If you are convicted of driving on a suspended license, you could face other various penalties, including:
- An arrest on your record
- Vehicle impoundment for up to 30 days
- A criminal record
However, if the driver has a record of other moving violations or this is not the driver’s first time driving without a license, a prosecutor in Arizona might seek a jail sentence. The amount of jail time sought will depend on the number of offenses in the driver’s history, with six months typically reserved for drivers on their fifth or subsequent violations.
The mandatory jail sentences are as follows:
- Second offense: 5 days
- Third offense: 30 days
- Fourth offense: 90 days
- Fifth or subsequent offense: 6 months
There is an exception to the rule for drivers whose licenses are suspended as a result of failure to appear in court or pay a fine. In these scenarios, the driver would face civil penalties rather than criminal ones. This means the MVD has the option of extending the suspension, revoking the driver’s license, imposing fines or taking other administrative actions, but the driver will not face criminal charges.
Should I Plead Guilty to Driving on a Suspended License in Arizona?
No, you should not plead guilty to charges entered against you for driving on a suspended license in Arizona. Once you plead guilty, you agree to forego a trial and go straight to sentencing. Instead, you should contact an attorney as soon as possible. An attorney can craft a legal defense strategy to help mitigate the consequences you face and adverse effects on your future.
For example, if your license was suspended due to the failure to pay a past traffic ticket and you have since paid and had your license reinstated, your attorney can take this information to a judge to request a full dismissal of the criminal license charge. Submitting a written motion along with evidence improves the odds of achieving a dismissal.
Other possible defenses include no criminal intent, no knowledge of the license suspension, improper notification by the Motor Vehicle Department, no evidence of actually driving a motor vehicle, and police misconduct or constitutional violations. A criminal defense attorney at Corso Law Group can help you understand your defense options during a suspended license case. Contact us today for a free consultation.
Driving on a Suspended License Can Lead to Aggravated Charges
The consequences of driving on a suspended license can also include aggravated charges for other offenses. Driving without a valid license is viewed as an aggravating factor in many types of criminal cases, including DUIs. This could mean elevated charges and enhanced penalties if the driver is convicted of the underlying crime.
How a Suspended License Lawyer in Arizona Can Help
If your driver’s license gets suspended in Arizona, a criminal defense lawyer can help. Your lawyer may be able to challenge the license suspension and request a hearing to stay (stop) the suspension to prevent it from going into effect. This must be done within 15 days of receiving notice that your license will be suspended. Your lawyer may be able to challenge the suspension on one or more grounds or file a request for a restricted license, which can allow you to drive to necessary locations.
For more information about driver’s license suspensions in Arizona, contact Corso Law Group for a free case consultation.
