QUESTION
What should I do if I didn't know that I had a suspended license?
Asked on Dec 30th, 2011 on Criminal Law - Arizona
More details to this question:
I had a photo radar ticket back in Jan of this year in Tempe AZ. I had set up a payment plan being that I was unable to pay it all at once on the due date. I missed my last payment by mistake and shortly after went on vacation to Chicago. While I was in Chicago a letter was received at my house that I had an unpaid ticket. My dad called me and told me about my ticket. I immediately called the Tempe station and paid my ticket. The operator I spoke to said that if there is anything else I needed to fix it would have to be done at the MVD and it would be explained in a following letter. About 2 weeks later I came back to AZ. When I got my mail from my father. That letter was not included in the stack. A week later I got pulled over for reasons unknown and got sited for driving with a suspended license. I was not aware that I had a suspended license and went the next day to get it reinstated. I also know that AZ has a way to reinstate it online, which if I knew, I could have been done the day I paid my ticket off. Is there anyway I could effectively fight this?
2 ANSWERS
This is very common in Tempe. I have handled numerous cases like this. For the state to prove the suspension they must prove you knew or should have known your license was suspended. You are charged with a misdemeanor criminal offense and should not fight this alone. Hire experienced council. There my also be some plea negotiations since the license was reinstated. I would need to review your complete MVD record to be more specific with you. Good luck.
Answered on Jan 10th, 2012 at 8:30 AM
4 Awards
Yes, one of the elements the State must prove to properly convict someone of driving on a suspended license is that the person knew or had reason to know the license was suspended. This is a factual issue that may have to be resolved at trial, depending on the circumstances. If you intend to fight the charge, you should consult directly with an attorney. He/she may also be able to convince the prosecutor to dismiss the case, but that depends on a lot of factors.
Answered on Jan 10th, 2012 at 8:27 AM