Driving on a Suspended License in Arizona
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Driving on a Suspended License Phoenix Attorneys
In Arizona, driving on a suspended license is a misdemeanor. Arizona law establishes that “a person may not operate a motor vehicle on a public highway if the person’s privilege to drive a motor vehicle is suspended, revoked, canceled or refused or if the person is disqualified from driving.”
In Maricopa County and elsewhere in Arizona, driving on a suspended license (DOSL) is a Class 1 misdemeanor, which can lead to jail sentences and steep fines.
When you interact with an officer during a traffic stop, they will routinely ask to see your license. Whatever the reason for the interaction, if they find your license has been suspended, you will face DOSL charges.
If law enforcement recently suspended your license, you have to make sure that it was reinstated after the suspension period. There are many steps you can take to ensure that your license is active. For example, you can easily check the status of your license online, courtesy of Arizona’s Motor Vehicle Division (MVD).
If you failed to check the status of your driver’s license and had the misfortune of being charged with driving on a suspended license, there is hope. A skilled Phoenix traffic lawyer can help you fight the charges and minimize penalties.
Our Maricopa County DOSL attorneys have helped hundreds of clients fight these types of charges in courts all over Arizona. Our DOSL specialists have a solid track record of getting cases dismissed, reducing fines, and keeping clients out of jail
Understanding License Suspension
There are many traffic offenses that can result in a license suspension or revocation in Arizona. These include red-light violations, aggressive driving, DUIs, possession of liquor by a minor, street racing, failure to attend traffic survival school, or accumulating 12 or more points on one’s license over a 1-year period. License suspension is temporary, while revocation is permanent.
To regain your driving privileges after suspension, you will have to attend a reinstatement hearing and demonstrate that you have complied with whatever the MVD requires, based on your prior offenses.
Suspension Under New Arizona Law
Many Arizonans may have been unknowingly driving on a suspended license for many years. Up until 2021, your license could be suspended simply because you had failed to pay a traffic-related fine. In September 2021, Governor Ducey signed SB 1551 into law, effectively banning courts from suspending a driver’s license solely because they hadn’t paid a fine.
According to Governor Ducey, “Taking away an Arizonan’s driver’s license when they can’t pay for a traffic ticket just doesn’t make sense. People need to drive to places like medical appointments, school and work to earn a living.”
Interestingly enough, the authorities failed to inform 34,000 Arizonans that their licenses had been reinstated following the implementation of SB 1551.
DOSL Penalties
Arizona’s traffic authorities treat DOSL violations as severe offenses. If you are convicted of this type of misdemeanor you may face the following penalties:
- Maximum fine: $2,500 (plus surcharges)
- Maximum sentence: 6 months in jail
- Maximum probation period: 3 years
Considering you may have not even been aware that you were driving on a suspended license, going to jail over this type of violation doesn’t seem fair at all. An experienced suspended license attorney can help you fight DOSL charges in Maricopa County and beyond. Without proper counsel, you could face a criminal conviction and even a considerable amount of time in jail.
If you have prior convictions, prosecutors may push for harsher sentences. Only an experienced negotiator can help you avoid a criminal conviction in these cases.
A DOSL conviction can have many negative consequences for your life, including:
- Missing job opportunities that require a driver’s license
- Losing security clearances required to do your job
- Losing your professional license
- CDL disqualification
- Impact on your immigration status
A Class 1 misdemeanor is the most serious type of misdemeanor. If you add prior convictions or aggravating circumstances into the mix, you might easily end up facing felony charges.
While you may think a DOSL violation is far from a serious crime; you have to take these types of charges very seriously. If you don’t quickly address the situation and enlist the services of an experienced attorney, you may suffer reputational damage, lose your job, or even go to jail.
Driving on a Suspended License Defense Strategies
If you were charged with DOSL in Arizona, your suspended license attorney can introduce mitigating factors and solid evidence to get the charges downgraded to a lesser offense. Our Phoenix-based traffic attorneys have defended clients in most of the courts in Maricopa County. They have insider knowledge of the Motor Vehicle Division’s policies and the courts’ common practices, and can advise you on the best course of action to regain your driving privileges as soon as possible.
The MVD Failed to Inform You That Your License Was Suspended
If you had no idea that you were driving on a suspended license, it is probably because the MVD failed to inform you that they had suspended your license. Typically, the MVD should give you an opportunity to comply with their requirements before suspending your license. If your attorney can prove that the traffic authorities made a mistake and never notified you or gave you a chance to remedy the underlying situation, you will have significant leverage when your case goes to trial.
Mitigating Circumstances
If you knew that your license was suspended, but were actively trying to get the suspension lifted by complying with the MVD’s requirements, this can be presented in court as a mitigating circumstance. A skilled traffic lawyer can persuasively introduce mitigating factors to minimize fines and other penalties.
Illegal Traffic Stop
If an officer became aware that your license was suspended during an illegal traffic stop, all the charges against you must be dismissed. A seasoned Arizona lawyer can investigate the case and find evidence that a law enforcement officer violated your civil rights during the traffic stop. These types of violations can be the key to winning your case and avoiding any negative consequences.
Other Defenses
Sometimes your lawyer can prove that you were not driving on a public highway or not operating a motor vehicle. Alternatively, they can demonstrate that you had reason to believe that your driving privileges had been reinstated.
Depending on the particular circumstances of your case, an experienced attorney can craft a variety of strategies to avoid a criminal conviction and ensure you don’t lose your license.
How Lawyers Fight DOSL Charges in Arizona
If you are facing DOSL charges in Arizona, it is very important to seek legal representation from an experienced criminal defense attorney. Our Phoenix-based traffic attorneys are committed to defending Arizonans in cases involving criminal traffic violations. Our team of DOSL specialists will work diligently to secure the best possible outcome in your case. Contact us today for a complimentary case evaluation.