Potential Consequences of Driving on a Suspended License
Listed as a Class one (1) misdemeanor, Driving on a Suspended License does not include mandatory fines or mandatory jail time. However it is possible you will be given probation or up to six (6) months in jail, depending on what the prosecutor proposes.
If you have prior convictions for driving on a suspended license, prosecutors will often seek jail time, typically beginning at five (5) days for the second offense and adding time gradually with each additional conviction.
While a judge is not required to grant these penalizations, it is common for them to be inclined to give additional jail time for each prior conviction.
In addition to your punishments decided in court, once you have been cited for driving on a revoked or suspended license, the law enforcement agency may impound your vehicle for up to 30 days.
Defending Driving on a Suspended License
One of the best ways we defend you from a charge of driving on a suspended license is by showing that you did not “knowingly” drive while legally restricted from doing so. The State of Arizona has the burden of proving that you were indeed notified that your license had been suspended. The prosecutor may counter, within the current case law, by showing that you “should have known.” Oversights such as failure to change your address after moving can be considered your fault for not receiving notice from the Motor Vehicle Department.
Another way to defend your lack of “knowing” is related to the wording of the suspension notice, which indicates your suspension will last 30-60 days. What is not clear, unless you read much farther on in the fine print, is the fact that your license will remain suspended indefinitely until you pay the necessary reinstatement fee. Many misunderstand and believe that to mean that once the suspension period has passed, their license automatically resumes and they are free to drive again.
Arguing ignorance is only one of many possible defenses we may use to fight charges of driving with a suspended license. Other defense strategies may include challenging violations of your constitutional rights, or exposing careless or misleading police reports that give false statements or inaccurate crime scene reconstruction.
Whatever the specifics of your case, a skilled Phoenix auto accident lawyer from the Simon Law Group has many different options to ensure that you find justice.]]>