Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §28-3473 "Driving on a Suspended License" occurs anytime you knowingly operate a motor vehicle while your license is suspended, revoked, or cancelled.
Driving on a Suspended License carries three (3) different ranges of punishment depending on why your license was suspended in the first place. If you license was suspended for simply failing to pay a previous civil ticket, then on a first offense you can be punished with a fine of approximately $500.00 under §28-3473 (C). In addition, the MVD may or may not suspend your license for a "like kind" period of time which matches the amount of time you were originally suspended for. Under §28-3473 (A), if your license was suspended or revoked, canceled or refused, for any reason other than a prior DUI conviction, now you face a fine of $500.00, and the Judge must give you a "like kind" suspension. Under § 28-3473 (B), if your license is suspended or revoked because of a prior DUI, then the Judge must give you a mandatory minimum of two (2) days in jail, a $500.00 fine and a "like kind" suspension of your license.
The penalties previously mentioned are only the minimums. The Judge can give you up to six (6) months in jail on each or every one of these counts. If you have prior convictions for Driving on a Suspended License, then the Prosecutors will normally seek additional jail time. For example, in the City of Phoenix, the Prosecutor will normally seek five (5) days in jail for a second offense; thirty (30) days in jail for a third offense; ninety (90) days in jail for a fourth offense; and six (6) months in jail for a fifth or subsequent offense. Although the Judge is not bound to give these punishments, they are usually inclined to give some additional jail for each prior conviction.
The key to defending a charge of Driving on a Suspended, Revoked or Cancelled License is showing that you did not "knowingly" drive while suspended. The State has the burden of proving that you were actually notified that your license had been suspended. However, the current case law allows the Prosecutor to show that you "should have known" that your license was suspended. In other words, if you have moved and you did not change your address with the Motor Vehicle Department within ten (10) days of moving, then it is presumed that it is your fault that you did not receive your Notice of Suspension. However, it is always up to the Jury (or to the Judge if you are having a Bench Trial on a misdemeanor) to determine whether you should have had knowledge of your suspension. Many times the suspension notices indicate that you will be suspended for thirty (30) or sixty (60) days, then it tells you to read the fine print on the back of the Notice in order to determine your rights. What they do not make clear is the fact that until you pay a $50.00 "reinstatement fee", your license will be suspended until the end of time. Many people think that they served their suspension time and that their license was automatically put back into full force and effect. This can be very understandable during Jury Trials.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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A dozen years ago, 3,000 drunken-driving prosecutions in Tucson…
