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Suspended license

Discussion in 'Drivers License, Vehicle Registration' started by Cabrams19, May 25, 2018.

  1. Cabrams19

    Cabrams19 Law Topic Starter New Member

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    Ok so I got pulled over a few days ago and I found out my license is suspended. I didn’t know at the time it was suspended I went to dmv and got it back two days later I was suspended because of points. I did not update my address so I did not get the suspension letter. Now I’m facing a class 1 misdemeanor.

    So my question is how do I phrase this in court to make my case less Severe.
     
  2. zddoodah

    zddoodah Well-Known Member

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    How do you phrase what?

    You violated the law (presumably several times) in order to get enough points to get your license suspended.

    You violated the law by failing to update your address with the DMV.

    You violated the law by driving on a suspended license.

    Nothing you can say will change any of those things, and I'm not really sure what you have in mind, but you probably will need to take your lumps here and start developing a greater regard for the law.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Admit you disobeyed one law because you first disobeyed another?

    Not sure how well that's going to go over.

    Maybe with a lot of contrition and kowtowing. Shrug.
     
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  4. army judge

    army judge Super Moderator

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    If I were you, I'd hire an attorney to litigate this for me.
     
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  5. mightymoose

    mightymoose Moderator

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    To prosecute driving on a suspended license it typically must be shown that the driver had been served notice of the suspension. The fact that the license was suspended may not be sufficient.

    Service can be done in a number of ways, including by mail. If your mail was returned it is possible that adequate service giving you notice of the suspension was not made. This may be your best approach to a defense, but you will need help with it.

    That you received a citation is not important. What matters is that all the conditions necessary to hold you responsible for driving with a suspended license existed at the time you received the citation.
     
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  6. army judge

    army judge Super Moderator

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    Arizona law is more closely aligned with the laws of Texas regarding a suspended license prosecution.

    Driving on a Suspended License in Arizona – ARS 28-3473

    Putting aside the reason the prosecution is claiming your license was suspended, you could be charged with three different types of Driving on a Suspended License in AZ.

    The State must prove that Motor Vehicles Division made notification that your license had been suspended.

    Now this is where Arizona law aligns more closely with Texas law, as it ONLY requires the State to show that you "should have known" that your license was suspended.

    If you claim that you moved and no longer live at the address that Motor Vehicle has on record, probably fails BECAUSE Arizona law requires you to notify Motor Vehicle Division of a change of address within ten (10) days of your permanent relocation.

    An AZ lawyer comments of DWLS:

    Driving on a Suspended License in Arizona | Penalties & Defenses
     
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  7. Cabrams19

    Cabrams19 Law Topic Starter New Member

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    Ok not what I was looking for I get that I was wronge but don’t make me out for an everyday criminal and try not to be rude but thanks anyway
     
  8. Cabrams19

    Cabrams19 Law Topic Starter New Member

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    Thank you for your input.
     
  9. Cabrams19

    Cabrams19 Law Topic Starter New Member

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    Thank you
     
  10. Cabrams19

    Cabrams19 Law Topic Starter New Member

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    That was very helpful thank you.
     
  11. Highwayman

    Highwayman Well-Known Member

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    Well you did commit a crime so that makes you a criminal. Maybe not an everyday criminal, but a criminal nonetheless.
     

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