Phoenix Driving on a Suspended License Defense Attorney

Driving on a suspended license in Arizona is a class one misdemeanor for which could mean jail time in a conviction. If you are facing these charges, call AZ Defenders right away. We can provide an aggressive defense to the charges, and protect your freedom, ability to drive and your life.

Why Choose Us?

  • Our Phoenix criminal defense lawyers have more than two decades of combined experience representing clients in criminal defense matters, including those involving suspended driver’s license.
  • We provide aggressive defense against criminal charges to help prevent outcomes that could affect your civil rights and negatively impact your life.
  • We are respected in the legal community and skillful in conducting preliminary negotiations with prosecutors.

Arizona Laws against Driving on a Suspended License

As stated in Arizona Revised Statutes Section 28-3473, operating a motor vehicle on a public highway in Arizona is prohibited for a person whose driving privileges have been suspended, revoked, canceled or refused, or if the person is disqualified from driving. Violation of this statute is a class one misdemeanor.

Penalties for Driving on a Suspended License

Possible penalties upon conviction include probation, up to six months of jail time, and impoundment of your vehicle for up to 30 days. Prosecutors will usually seek jail time for a second or subsequent offense. It is common in Phoenix for prosecutors to seek:

  • Five days of jail time for a second offense
  • 30 days of jail time for a third offense
  • 90 days of jail time for a fourth offense
  • Six months in jail for a fifth or subsequent offense

Defenses against Charges of Driving on a Suspended License

There are a number of defenses that may be asserted in any criminal case, including Miranda rights violations and other challenges to your constitutional rights. In Arizona, whether an inculpatory (tending to admit guilt) statement can be admitted into evidence depends on whether the statement was voluntary or coerced. If you were in custody and asked to speak to your attorney, but the request was denied and questioning continued, we can raise the defense that you were denied your constitutional right to counsel.

Defendant Was Not Aware of the Suspension

The key defense to a charge of driving on a suspended, revoked, or canceled license is showing that you did not knowingly do so. The prosecutor has the burden of proving that you were notified that your license had been suspended. Under existing case law, however, the state can show that you should have known about the suspension. For example, if you moved to a different location and failed to change your address with the Motor Vehicle Department in a timely manner, it may be determined that you were to blame for not receiving notification of the suspension.

Notice Was Not Clear about Reinstatement Fees

Suspension notices often state that a driver’s privileges are suspended for 30 or 60 days. To determine his or her rights, the recipient is instructed to read the fine print on the back of the notice. It is not always clear that the license will remain suspended until the driver pays a reinstatement fee. Many people who receive these notices believe that their driving privileges will be automatically reinstated once the suspension time stated on the front of the notice has elapsed.

Contact Us Today

If you have been arrested for or charged with driving on a suspended license, contact AZ Defenders as soon as possible. We can provide the knowledgeable legal representation you need.

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