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Far too often our office represents a person who was driving their vehicle under the impression that their driver’s license is valid and then they are stopped by law enforcement only to find out that their driver’s license is in fact suspended. This often results with a frighteningly surprising encounter with the police, a traffic ticket, and the individual’s car being towed from the site where the traffic stop occurs.
Fortunately, Arizona law provides a defense to this crime to some individuals that did not know their driver’s license was suspended. In most cases, the prosecution must prove that the person being charged with a license suspension either “knew or should have known” that their license was suspended in order to obtain a conviction.
While it may seem improbable to have your license suspended without your knowledge, our office encounters individuals who were cited for driving on a suspended license but due to the non-communicative nature of the Arizona Department of Transportation, they never were notified that their license was suspended on a regular basis.
Despite this common built in defense, it is troubling to think that you could be stopped by law enforcement, accused of a crime and have your vehicle towed because of a governmental oversight. One way to stay on top of this potential problem is to understand some of the more common ways a person could end up having their license suspended. Here are some common examples:
There is a distinction to be made in this area of law that is often overlooked by people; that is, the difference between a license suspension and a license revocation. License suspensions are of a temporary nature and following the expiration of the term of suspension, the individual whose license was suspended automatically has their driver’s license reinstated.
However, this is not the case with license revocations. License revocations are permanent in nature and require a person to submit a reinstatement packet to get their driver’s license back, once they are eligible. Some of the more common causes of a license revocation are:
For driving on a suspended license in Gilbert is a class 1 misdemeanor which can carry maximum penalties of 180 days of jail, 3 years’ probation, and over $4,500 in fines and surcharges. Above and beyond the penalties that come with a driving on a suspended license conviction, merely being charged with driving on a suspended license will most likely result in having your vehicle towed from the scene where you were stopped.
A driving on a suspended license violation is a criminal charges that can be serious and result in hefty penalties. If you find yourself facing a criminal traffic violation like driving on suspended license arising out of Gilbert, the best thing you could do is to consult with a local criminal defense attorney to before you take any action, we can help you decide whether you could benefit from legal representation. The legal team at Rosenstein Law Group understands the difficulties that come with criminal charges, so we offer free initial consultations on all criminal traffic violations. To schedule your consultation and speak with a Gilbert criminal defense traffic lawyer, contact us online here or call (480) 248-7666.