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Category Archives: 16J Driving on a Suspended License Victories

DRIVING WHILE LICENSE SUSPENDED for FAILURE to INSTALL INTERLOCK DEVICE REDUCED to SPEEDING TICKET – State v. Ms. M (DMC No. 8437) (Verde Valley Justice Court TR2008-5514): Ms. M was stopped while travelling Westbound on El Rancho Bonito approximately a half mile west of Page Springs, Arizona. She was stopped by the Officer for traveling 35 in a 25mph zone. After the stop, the Officer discovered that she was required to have an Ignition Interlock Device on her vehicle due to a prior DUI conviction. He then arrested her for Driving With a Suspended License. Because Ms. B did not have the Interlock Device, she would have suffered a 1 year license suspension and Jail time if she were to be convicted. We were able to convince the Prosecutor to drop the Driving on a Suspended License charge due to the questionable nature of the stop, and the fact that she installed an Interlock Device immediately after being released from Jail. They then dismissed the Driving on a Suspended License charge and allowed Ms. M to plead to a simple speeding ticket.

DRIVING on SUSPENDED LICENSE REDUCED to LICENSE not in POSSESSION TICKET – State v. Ms. K. (DMC No. 9107) (Paradise Valley City Court 33183A):  Ms. K. was from Korea and was cited at Cheney at 70th Street in Paradise Valley, Arizona.  She was accused of driving on a suspended license.  Because Ms. K. was from Korea, we were able to demonstrate to the Prosecutor that she did not understand that when she had taken care of previous traffic tickets she was to have gone to the DMV in order to reinstate her license.  They agreed to drop the criminal charge in exchange for a simple “license not in possession” ticket and a small fine. Originally, the conviction may have interfered with Ms. K.’s immigration status.

PARTIAL ACQUITTAL at BENCH TRIAL | DRIVING WHILE LICENSE SUSPENDED – State v. Ms. E. (DMC No. 6209) (Phoenix City Court 3415491): Ms. E. was pulled over for allegedly having a fake registration tag on her license plate.  Officer’s then told her that her license was also suspended.  At trial, we admitted to the fictitious license plate sticker, but fought the Driving on Suspended License allegation due to the fact that even though the notice was mailed to Ms. E. regarding a suspension, it did not actually go into effect until 3 days after the actual incident.  If Ms. E. had been convicted of the suspended license charge, she would have lost her license for a year.

REDUCED | DRIVING WHILE LICENSE SUSPENDED REDUCED to NO DRIVER’S LICENSE in POSSESSION TICKET – State v. Mr. S. (DMC No. 6306) (Coolidge City Court TR2006-0195): Mr. S. had a suspended license due to 3 outstanding tickets that were not dealt with. He was pulled over for allegedly running a stop sign, and he told the officer he was late to the hospital to see his father. Although he was facing a criminal citation, along with a mandatory additional license suspension, we were able to take care of his 3 outstanding tickets and have the Driving While License Suspended ticket reduced to a “no points” ticket with a small fine. His license was reinstated on the spot.

REDUCED | DRIVING ON SUSPENDED LICENSE REDUCED to “weaving” ticket – State v. Ms. D. (DMC No. 4597) (University Lakes Justice Court TR04-03382CR): Ms. D. was stopped by DPS Officer, and was ultimately cited for driving while her license was suspended for a prior DUI.  In fact, her license was suspended for prior underage drinking and driving, and not DUI.  Due to a technicality in the statute, the prosecutor agreed to dismiss the “driving while license suspended” in exchange for a simple “weaving” ticket and a small fine.

DRIVER’S LICENSE SUSPENSION OVERTURNED AT MVD HEARING – State v. Ms. P. (DMC No. 4825) (Arizona MVD Hearing Office): Ms. P. was involved in an accident that was not her fault.  Officer’s requested blood from her, although there were no witnesses to her actually driving.  When she refused, they suspended her license for 1 year. We requested a Hearing with the MVD Office, and had the suspension overturned lack of “actual physical control” (APC), which meant they couldn’t actually prove Ms. P. drove.

REDUCED | DRIVING WHILE LICENSE SUSPENDED REDUCED to “no registration” ticket – State v. Mr. G. (DMC No. 6292) (Guadalupe City Court TR06-0032): Mr. G. was seen travelling through Guadalupe at Avenida Del Yaqui at a high rate of speed.  They accelerated to catch up to him, and found his truck parked in front of a business.  They knocked on the door, but the business was locked.   They waited for one and a half an hours, and did not see Mr. G.  They went back the next day and could not contact him.  They then had his vehicle towed.  Subsequently, Mr. G. contacted police and they attempted to question him, to which he denied all knowledge.  They then cited him for “driving on a suspended license” along with several other charges.  We were able to convince the prosecutor they could not make valid identification that he was actually the driver, and they agreed to reduce it to a simple “no registration” ticket, which was ultimately dismissed once Mr. G. had his car registered.

NOT CHARGED | DRIVING WHILE LICENSE SUSPENDED NOT CHARGED – State v. Ms. S. (DMC No. 6727) (Temp PD investigated): Ms. S. had a suspended driver’s license out of Illinois, but was attending ASU and driving in Tempe.  As she was slowly pulling out of a driveway, she was struck by another driver.  Police arrived at the scene and cited the other driver for the accident.  She was not cited at that time, but the next day the officer wanted to meet and speak with her.  We became involved, and invoked her 5th Amendment rights and the officer was then unable to cite her with the driving on suspended license ticket.

DISMISSED | DRIVING WHILE LICENSE SUSPENDED – State v. Mr. H. (DMC No. 6618) (Tempe City Court 06-935452): Mr. H. was stopped for exiting a driveway without his headlights on.  Once he was stopped, the officer asked Mr. H. if he knew his license was suspended.  Mr. H. said that he did know it was suspended.  After the officer ran a check, he also found that Mr. H. had two other warrants for his arrest for previous driving on a suspended license charges.  Due to witness issues just prior to Bench Trial, the State moved to dismiss all charges.

DISMISSED | DRIVING WHILE LICENSE SUSPENDED – State v. Mr. H. (DMC No. 4763) (Phoenix City Court 3153723): Mr. H. was stopped for an unknown reason. He was informed that his license was suspended for an unpaid out of State ticket, for which he had no knowledge.  After we went to court, we showed that he had since gotten his car registered and had current Arizona insurance.  The State agreed to dismiss the “driving while license suspended” charge, which would have caused an additional driving suspension to go on Mr. H.’s record.

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