As residents of the Grand Canyon State, we know that a driver’s license is more than just a plastic card; it’s our ticket to the vast landscapes and bustling cities that make Arizona so unique. From Phoenix’s modern skyline to the red rocks of Sedona, our mobility contributes significantly to our quality of life. That’s why driving on a suspended license in Arizona can lead to serious legal consequences. This article provides a comprehensive guide on this matter, including statutes according to Arizona law, sentencing guidelines, and possible defenses.
Driving on a Suspended License in Arizona
Driving on a Suspended License in Arizona Statutes
In Arizona, under ARS 28-3473, it is unlawful to drive a vehicle on public roads with a suspended, revoked, canceled, disqualified, or refused license. This violation is considered a Class 1 misdemeanor, the most serious type of misdemeanor under Arizona law.
Cities across the state, including Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, and Tempe, diligently enforce this law to maintain road safety. Therefore, it’s important to respect and adhere to the rules and regulations in place, irrespective of your location within the state.
Here are some important statutes related to driving on a suspended license in Arizona:
- ARS 28-3480 – Mandatory Revocation of License by Department: The department shall immediately revoke a person’s license or permit to drive a motor vehicle on receiving a record of the person’s conviction for specific criminal offenses, including those related to driving under the influence.
- ARS 28-3319 – Order of Suspension or Revocation: This statute outlines the process and situations in which the department can order the suspension or revocation of a person’s driver’s license.
- ARS 28-3306 – Duration of Suspension or Revocation: This section provides details on how long a person’s driving privilege can be suspended or revoked, varying based on the severity and type of violation.
- ARS 28-3320 – Period of Suspension or Revocation; Hearing; Review: This statute provides information about how long suspension or revocation periods last and discusses the right to request a hearing to review the decision.
- ARS 28-1385 – Administrative Per Se, Implied Consent Affidavit; Temporary License; Order of Suspension; Review; Ignition Interlock Device Requirement: This section details the administrative penalties (separate from criminal penalties) for refusing to submit to, or failing, a breath, blood, or urine test for alcohol or drugs.
- ARS 13-707 – Misdemeanors; Sentencing: As driving on a suspended license is a Class 1 Misdemeanor, this statute specifies the penalties for such an offense, which can include fines and imprisonment.
- ARS 28-1461 – Restricted License; Ignition Interlock Device Requirement; Violation; Classification: This section discusses the circumstances in which a person may be able to receive a restricted license, allowing them to drive to and from certain places (like work, school, or alcohol education classes) even after a license suspension.
Sentencing Guidelines for Driving on a Suspended License in Arizona
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Under Arizona law, if convicted, driving on a suspended license can result in penalties including up to six months in jail, a fine of up to $2,500 plus surcharges, probation for up to three years, impoundment of your vehicle, and an additional suspension of your driving privileges.
The severity of the sentence can vary based on the reason for the original suspension and whether the driver has prior convictions. For example, someone caught driving on a license suspended due to a DUI might face more severe penalties than someone whose license was suspended for unpaid traffic tickets.
It’s important to note that these sentencing guidelines are only a general guideline, and the actual sentence imposed can vary depending on the specific circumstances of the case. An experienced criminal defense attorney can help you understand the potential consequences of your charges and work to mitigate the penalties you face.
First-Time Offenders
- For first-time offenders, the penalties can be up to six months in jail, a fine of up to $2,500 plus surcharges, and probation for up to three years. The vehicle may also be impounded, and the driver’s license may be further suspended.However, in many cases, especially when the original suspension was not for a severe violation like DUI, judges might lean towards the lower end of these penalties. Sentencing can also depend on other factors, such as whether the driver was cooperative with law enforcement and whether they have started taking steps to rectify the reason for the original suspension.
Repeat Offenders
While driving on a suspended license is usually treated as a Class 1 Misdemeanor in Arizona, certain circumstances can elevate it to a felony charge, particularly for repeat offenders and when the original suspension was due to severe violations like a DUI.
For instance, if your license was suspended due to an Aggravated DUI (ARS 28-1383) conviction, driving on that suspended license could potentially be charged as a Class 4 Felony.
According to ARS 13-702, a Class 4 Felony for a first-time offender could result in a prison sentence ranging from 1 to 3.75 years, although probation may be available depending on the specific circumstances of the case. The exact penalties can also vary depending on factors like the defendant’s past criminal record and the specifics of the current offense.
If you have one prior felony conviction, the prison range for a Class 4 Felony increases to 2.25 to 7.5 years. With two or more prior felony convictions, the prison term could be anywhere from 6 to 15 years.
Additionally, driving on a suspended license after an Aggravated DUI conviction may be prosecuted as a part of a larger pattern of criminal offenses, which could further increase the potential penalties.
It’s important to note that these sentencing guidelines are only a general guideline, and the actual sentence imposed can vary depending on the specific circumstances of the case. An experienced criminal defense attorney can help you understand the potential consequences of your charges and work to mitigate the penalties you face.
Defending Driving on a Suspended License Offenses in Arizona
- Lack of Knowledge: Arguably one of the most common defenses, this involves asserting that you were not aware that your license was suspended. This defense hinges on the fact that the Motor Vehicle Division (MVD) or the court should inform you about your license suspension. If they failed to provide adequate notice, this could serve as a viable defense.
- Invalid Traffic Stop: This defense is based on the premise that the law enforcement officer did not have a valid reason, or “reasonable suspicion,” to pull you over. If the traffic stop is determined to be unlawful, any evidence obtained during that stop, including the status of your license, may be suppressed.
- Incorrect DMV Records: In some cases, DMV records may not be updated or may contain errors. If you can demonstrate that your suspension was lifted, or should have been lifted before you were stopped, or there’s an error showing a suspension that never occurred, you could use this in your defense.
- Emergency Situations: If you were driving due to an immediate emergency where there was no other transportation option available, and your decision to drive was to prevent significant harm or danger, it may be used as a defense. Note, this can be challenging to establish and may not necessarily lead to an acquittal, but could potentially lessen the severity of the penalties.
- Incorrect Classification: In some cases, you might argue that your offense should not be classified as driving on a suspended license. For instance, if your license was not technically “suspended” but merely expired, you might face less severe penalties.
How We Do It
- Conducting a comprehensive review and analysis of your case’s facts
- Contesting the evidence presented by the prosecution
- Identifying weaknesses in the State’s case
- Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
- Negotiating with the State for reduced charges or alternative sentencing options
Contact Us Today
If you find yourself facing charges for driving on a suspended license in Arizona, the legal professionals at Tamou Law Group PLLC are ready to assist. Our skilled team of criminal defense attorneys possesses an extensive understanding of the state’s driving laws, sentencing guidelines, and potential defenses for these charges. We are committed to working relentlessly to uphold your rights and safeguard your interests throughout the legal proceedings.
Don’t hesitate to seek the assistance you require. Reach out to us today at (623) 321-4699 to arrange a free case assessment and discover more about how we can help you address your charges related to driving on a suspended license.
