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Sierra900
Sierra900, Attorney
Category: Traffic Law
Satisfied Customers: 1012
Experience:  Experienced California Attorney
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I was pulled over and given a ticket for driving on a

Customer Question

I was pulled over and given a ticket for driving on a suspended license. I didn't know it was suspended and I'must trying to figure out the best way to plead.
JA: License regulations vary from place to place, so can you tell me what state this is in?
Customer: Arizona
JA: Do you need to appear in court?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 days ago.
Category: Traffic Law
Expert:  Sierra900 replied 9 days ago.

Hello,

I will try and help. Why was your license suspended?

DCG

Customer: replied 9 days ago.
For an unpaid failure to renew registration ticket. I had sent in a check for ticket, but they said it was not received. Since I sent it in I thought it was taken care of and I never received notice that my lisence was suspended.
Expert:  Sierra900 replied 9 days ago.

Hello,

Anywhere in Arizona, per A.R.S. §28-3473 “Driving on a Suspended License” occurs anytime you knowingly operate a motor vehicle while your license is suspended, revoked, cancelled, refused, or otherwise disqualified from driving. In order to convict you, they will need to show that you knew you were suspended. Did this check clear your bank? Did you receive a notice in the mail? Were you informed by an officer? Unless they can show you were informed, you cannot be convicted.

The key to defending a charge of Driving on a Suspended, Revoked or Cancelled License is showing that you did not “knowingly” drive while suspended. The State has the burden of proving that you were notified that your license had been suspended. However, the current case law allows the prosecutor to show that you “should have known” that your license was suspended. They might be able to do this is they can show you never paid your ticket and you can't show that the check was cashed.

I hope this helps.

DCG