Driving On A Suspended License
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What is Driving on a suspended or revoked license?
In an nutshell, if you at one time had a valid driver license, and then the licensing body in your state took away your privilege to drive, you can be charged with driving on a suspended license if you then get caught driving.
There are two separate statutes for driving on a suspended license. One is a civil charge, and one is a criminal charge. Whether the charge is civil or criminal depends on why your license is suspended or revoked.
Civil Driving On A Suspended License
See A.R.S. 28-3482 for the civil statute. If the license suspension is due to:
-
- not paying a fine, or
- failing to appear in court
Then it is a civil violation to be driving on a suspended license.
Consequences will be limited to a fine of up to $500 plus court fees and surcharges. The police are not allowed to tow or impound your car for this violation.
If you can get your license reinstated, the judge has the discretion to dismiss the charge.
Criminal Driving On A Suspended Or Revoked License
See A.R.S. 28-3473 for the criminal statute. It reads:
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.
If your privilege to drive has been taken away for any reason other than a failure to appear in court or for the non-payment of a fine, and you continue to drive, the charge of driving on a suspended license will be criminal.
Why do licenses get suspended?
A license suspension is a temporary removal of the privilege to drive. A suspended license can be reinstated by paying a small reinstatement fee once the underlying issue causing the suspension is resolved. Sometimes this can even be done online.
A license can be suspended for a variety of reasons:
- Too many points on your driving record in a given period of time.
- A DUI conviction
- Failure to complete traffic survival school
- A reckless driving or aggressive driving conviction
- Not having insurance
Why do licenses get revoked?
A revoked license is different than a suspended license. A revocation is a termination of the privilege to drive, whereas a suspension is a temporary removal of the privilege to drive. In order to reinstate a revoked license, the driver will need to complete an investigation packet and reapply for a license. The driver may also be required to obtain an SR-22 certificate as a condition of reapplying.
Reasons for a revocation include:
- Aggravated DUI conviction
- Two reckless driving conviction within 24 months
- Two DUI convictions within 7 years
What are the penalties for a criminal driving on a suspended license conviction in Arizona?
Possible Penalties:
Driving on a suspended license is a class 1 misdemeanor. This means the following is possible under the law:
- Fines up to $2,500 plus surcharges and court assessments that could nearly double the total fine
- Up to 6 months in jail.
- Up to 3 years probation
Likely Penalties:
- Class 1 misdemeanor conviction.
- Fines in the $300-$600 range
- This is not a moving violation, so there are no points.
- Jail is extremely unlikely, even in egregious situations.
Possible Collateral Consequences:
- Increased insurance rates
- Immigration issues
- Having to disclose a criminal conviction on job applications
Dealing with a Driving On A Suspended License Charge
For a civil charge, get your license reinstated and see if the judge will dismiss it. Otherwise, just pay the fine and move on.
For a criminal charge, get your license reinstated if at all possible. Sometimes this is not possible due to the circumstances and timing of the suspension. Or if there is a revocation, it may take too long to apply for a new license. Usually in a criminal case, you will have at least 2 or three months to get your license squared away before you run out of time.
If you don’t know what’s going on with your license, get a copy of your driving record. If your license is out of a state other than Arizona, you may need to get two records – one from your home state and one from Arizona. Even if you don’t have an Arizona license, Arizona will have a driving record for you if you’ve ever had a ticket in Arizona.
Once you get your license reinstated, it may be possible to negotiate a civil plea agreement with the prosecution.
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