Criminal Traffic

Welcome!

Mr. Phebus specializes in the skilled and aggressive representation of DUI, criminal, and personal injury matters throughout Arizona and Maricopa County including:

  • Maricopa County
  • Phoenix
  • Surprise
  • Glendale
  • Peoria
  • Wickenburg
  • Buckeye
  • Goodyear
  • Avondale
  • Tolleson
  • Scottsdale
  • Tempe
  • Chandler

Criminal traffic offenses are serious and they need to be taken seriously.

If you are charged with a criminal traffic violation such as reckless driving, exhibition of speed (drag racing), aggressive driving, driving on a suspended license or leaving the scene of an accident, you have been cited for something that could cause you to lose your license.

Furthermore, a criminal traffic charge, even criminal speeding, is a misdemeanor offense, which means that you could be put in jail for 30 to 180 days and fined up to $2,500 if you are convicted.

If you have a Commercial Driver’s License, a conviction for a criminal traffic offense, could end your career.

One of our specialties at The Law Offices of John Phebus is the careful and skilled defense of the criminal traffic case. There are things that can be done to fight and win these cases.

For example, police officers, especially younger officers, routinely cite people for Aggressive and Reckless Driving, in situations that do not support such a charge. You are entitled to a jury trial for Reckless Driving, and in my experience juries are often surprised at what an officer cites as “reckless” and will find a defendant not guilty. A thorough investigation of the case, including an interview with the officer will often turn up weaknesses in the Government’s evidence and motivate the prosecutor to either drop the charges or offer a more favorable compromise.

It is critical that you seek legal counsel as soon as possible. These are not simple cases; if you are not familiar with the complexities of the law and rules in effect, you will get a bad outcome.

Arizona uses a point system for traffic offenses. Most moving violations carry 2 points, but criminal traffic violations often carry 8 points! If you receive 8-12 points on your license in any 12 month period, the Arizona Motor Vehicle Division (MVD) will suspend your driver’s license or order you to attend Traffic Survival School as a punishment. If you don’t attend Traffic Survival School, MVD will suspend your right to drive for 3 months or more.


How Points are Assessed

Violation Points
Arizona Revised Statute §28-1381:
Driving or actual physical control of a vehicle while under the influence.
8 Points
Arizona Revised Statute § 28-1382:
Driving or actual physical control of a vehicle while under the extreme influence of intoxicating liquor.
8 Points
Arizona Revised Statute § 28-1383:
Aggravated driving or actual physical control while under the influence.
8 Points
Arizona Revised Statute § 28-693:
Reckless driving.
8 Points
Arizona Revised Statute § 28-708:
Racing on highways.
8 Points
Arizona Revised Statute § 28-695:
Aggressive driving.
8 Points
Arizona Revised Statute § 28-662, § 28-663, § 28-664, or § 28-665:
Relating to a driver’s duties after an accident.
6 Points
Arizona Revised Statute § 28-672(A):
Failure to comply with a red traffic-control signal, failure to yield the right of way when turning left at an intersection, failure to yield the right of way to a pedestrian, failure to exercise due care, failure to stop for a school bus stop signal, or failure to comply with a stop sign, and the failure results in an accident causing death to another person.
6 Points
Arizona Revised Statute § 28-672(A):
Failure to comply with a red traffic-control signal, failure to yield the right of way when turning left at an intersection, failure to yield the right of way to a pedestrian, failure to exercise due care, failure to stop for a school bus stop signal, or failure to comply with a stop sign, and the failure results in an accident causing serious physical injury to another person.
4 Points
Arizona Revised Statute § 28-701:
Reasonable and prudent speed.
3 Points
Arizona Revised Statute § 28-644(A)(2):
Driving over, across, or parking in any part of a gore area.
3 Points
Any other traffic regulation that governs a vehicle moving under its own power. 2 Points


Arizona MVD Penalty Chart

Courtesy of the Arizona Department of Transportation, Motor Vehicle Division, reproduced below is a summary of the various actions that can be taken against your license as a result of different traffic offenses:

Note: Licenses remain suspended or revoked until the licensee meets all reinstatement requirements.

  • To end any suspension or revocation, a reinstatement fee and re-application fee is required.
  • To end a cancellation, the cause for cancellation must be removed and a re-application fee is required.
  • Reinstatement requirements are:
    • R = Reinstatement Fee
    • A = Application and Fee
    • I = Investigation
    • CIID = Interlock
    • S = SR22
  • Withdrawal actions usually begin 10-30 days after conviction, depending on appeal criteria.


Title 4 Driver License Actions – Under Age Alcoholic Beverages

Conviction Violation Action Authority Work Permit? Reinst. Req.

§ 4-241(L) or (N)

Person under 21 arrested for misuse of a driver license or identification to misrepresent age to induce a person to sell, serve, give or furnish them liquor, or to gain entrance to a bar

6 months suspension

Arizona Revised Statute § 28-3309 and 3310

No

R, A

Second violation:

1 year suspension

Arizona Revised Statute § 28-3309& 3310

No

R, A

§ 4-244(9) (First violation)

Person Under 18 in Possession of Alcohol

May be suspended up to 180 Days

Arizona Revised Statute § 28-3320(D)

Court discretion

R, A


Title 4 Driver License actions; Under Age Alcoholic Beverages (Cont.)

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 4-244(9) (Second or subsequent violation)

Person Under 18 in Possession of Alcohol

2 years suspension. A Special Ignition Interlock Restricted Driver License (SIIRDL) may be available

Arizona Revised Statute § 28-3320(D)

Court discretion

R, A

§ 4–244(33)

or 28-1381 or 28-1382

Person Under 18 Driving with Alcohol in Body

2 years suspension. A SIIRDL may be available.

Arizona Revised Statute § 28-3320(A)(1)

Court discretion

R, A, S

§ 28-1383A3

Person under 18 convicted of Aggravated DUI

3-year suspension. Not eligible for SIIRDL

Arizona Revised Statute § 28-3320(A)(2)

Court discretion

R, A, S

§ 4-244(33)

Person 18, 19 or 20 Driving with Alcohol in Body

2 years suspension. A SIIRDL may be available

Arizona Revised Statute § 28-3322

Court

discretion

R, A, S


Title 8 Driver License actions; Juvenile

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 8-323

Juvenile failure to appear pursuant to a citation or an order to appear or failure to comply with a court order

Suspended until 18 or appearance or compliance

Arizona Revised Statute § 8-323(D)

No

R, A

§ 8-323

Finding that juvenile has committed the violation

May suspend up to 180 days

Arizona Revised Statute § 8-323(F)

Court discretion

R, A


Title 13 Driver License actions; Criminal Code, general

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

Civil

Effective

July 1, 2008

Third Violation of Class G restriction between midnight and 5AM or passenger restriction

30 day suspension

Arizona Revised Statute § 28-3174(D) or (E)

No

R, A

Criminal Convictions

Conviction for a homicide resulting from the operation of a motor vehicle

Revocation 1-year

Arizona Revised Statute § 28-3304(A)(1)

No

R, A, I

Conviction for driving under the influence of a narcotic drug

Revocation 1-year

Arizona Revised Statute § 28-3304(A)(2)

No

R, A, I

Felony conviction involving use of a motor vehicle

Revocation 1-year

Arizona Revised Statute § 28-3304(A)(3)

No

R, A, I

Conviction for perjury, making false affidavit of statement under oath to MVD relating to the ownership or operation of a motor vehicle

Revocation

1-year

Arizona Revised Statute § 28-3304(A)(9)

No

R, A, I

Conviction for aggravated assault violation

Revocation

1-year

Arizona Revised Statute § 28-3304(A)(1)

No

R, A, I


Title 13 Driver License actions; Criminal Code, specific

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 13-1209(A)

Conviction of drive-by shooting

Revocation

1-year

Arizona Revised Statute § 28-3304(A)(7)

No

R, A, I

§ 13-1602(A)(1); § 13-1602(A)(5); or § 13-1604(A)

Under 18 and convicted, graffiti/ criminal damage or purchase of graffiti materials

Suspended until the person’s 18th birthday

Arizona Revised Statute § 28-3320(A)(3); (4); and (5)

Court discretion

R, A


Title 13 Driver License actions; Criminal Code, specific (cont.)

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 13-1802;

§ 13-1803; or

§ 13-1814

Under 18 and convicted of theft of vehicle, unlawful use of means of transportation, or theft of means of transportation

Suspended until the person’s 18th birthday

Arizona Revised Statute § 28-3320(A)(8)

Court discretion

R, A

§ 13-3403.02(C)

Under 21 and conviction for misrepresenting age by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish nitrous oxide container

6 month suspension

Arizona Revised Statute § 28-3309(B) or (C)

No

R, A

Second conviction of above

1 year suspension

Arizona Revised Statute § 28-3309(B) or (C)

No

R, A


Title 28 Driver License and Vehicle Registration; Mandatory Insurance Violations

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-4135

Not having automobile insurance

3 month license and plates susp.

Arizona Revised Statute § 28-4135(E)(1)

Yes

R, A, S

Second conviction within 3 years

6 month license and plates susp.

Arizona Revised Statute § 28-4135(E)(2)

Yes

R, A, S

Third conviction within 3 years

1 year license and plates susp.

Arizona Revised Statute § 28-4135(E)(3)

Yes

R, A, S

§ 28-4144

Being involved in an accident without automobile insurance

1 year license and plates susp.

Arizona Revised Statute § 28-4144(C)

Yes

R, A, S


Title 28, Driver License actions; DUI Administrative

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-1321

Implied Consent Refusal: Affidavit received indicating a refusal to submit to a test or tests of blood, breath, or urine

1 year suspension

Arizona Revised Statute § 28-1321

For first time offenders after 90 days of the suspn. served, may be eligible for a Special Ignition Interlock Restricted Driver License.

R, A, S

Second implied consent refusal within 84 months

2 year suspension

Arizona Revised Statute § 28-1321

No

R, A, S

§ 28-1385

Admin Per Se

90 day suspension

Arizona Revised Statute § 28-1385

Work permit available if valid AZ license, did not cause injury accident, no DUI or implied consent within 84 months.

R, A


Title 28, Driver License actions; DUI Convictions

Note: All DUI convictions require the Ignition Interlock for at least 12 months.

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-1381

Under 18

Under 18 and convicted of DUI

2 year suspension

Arizona Revised Statute § 28-3320(A)(1)

If court ordered restriction; SIIRDL may be obtained

R, A, S

§ 28-1381

First DUI

90 days if did not serve suspension under admin per se Arizona Revised Statute § 28-1385,

Arizona Revised Statute § 28-1387(D)

Driving restriction available last 60 days of suspension if valid AZ lic. & did not cause injury or no DUI or I.C. within 84 months

R, A, CIID (S if no admin per se)


Title 28, Driver License actions; DUI Convictions (Cont.)

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-1381

Second DUI within 84 months

One year revocation

Arizona Revised Statute § 28-1381(K)

No

R, A, I, S, CIID

§ 28-1381

DUI Drugs

One year rev. for 28-1381(A)(1) with drug box checked on Court Abstract or 28-1381(A)(3)

Arizona Revised Statute § 28-3304(A)(2)

No

R, A, I, S, CIID

§ 28-1382

28-1382A1 BAC over 0.15 but under 0.20

28-1382A2, BAC over 0.20

Extreme DUI (BAC over .150) conviction

90 days if did not serve suspension under admin per se Arizona Revised Statute § 28-1385. If BAC over 0.20 Interlock for 18 months

Arizona Revised Statute § 28-3319(D)(2)

Work permit available if valid AZ lic. did not cause injury or no DUI or I.C. within 84 months.

R, A, CIID, S if no Admin Per Se

§ 28-1382

28-1382A1 BAC over 0.15 but under 0.20

28-1382A2, BAC over 0.20

Second Extreme DUI within 84 months

One year revocation, if BAC over 0.20 Interlock for 24 months

Arizona Revised Statute § 28-3319(D)(3)

No

R, A, I, S, CIID

§ 28-1383

Under 18

Under 18 and convicted of 28-1383 (Agg. DUI: DUI on suspn/revoked license; third conviction; or person under 15 in vehicle)

3 year suspension and revocation. ,

Arizona Revised Statute § 28-3320(A)(2) and § 28-1383

Court discretion

R, A, I, S, CIID

§ 28-1383(A)(1)

Aggravated DUI – Commits a DUI or Extreme DUI while license privilege is withdrawn

3-year Revocation.

Arizona Revised Statute § 28-1383(J)(1)

No

R, A, I, S, CIID


Title 28, Driver License actions; DUI Convictions (Cont.)

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-1383(A)(2)

Aggravated DUI – Commits a third DUI within 84 months

3-year Revocation. Shall require interlock device

Arizona Revised Statute § 28-1383(J)(1)

No

R, A, I, S, CIID

§ 28-1383(A)(3)

Aggravated DUI – DUI or Extreme DUI with person under 15 years of age

3-year Revocation.

Arizona Revised Statute § 28-1383(J)(1)

If served an Admin Per Se or after the first 90 days of the revocation, may be eligible for a Special Ignition Interlock Device Restricted Driver License

R, A, I, S, CIID

§ 28-1383(A)(4)

Aggravated DUI – Implied consent or DUI with interlock requirement

3-year Revocation.

Arizona Revised Statute § 28-1383(J)(1)

No

R, A, I, S, CIID

DUI, multiple

Two or more convictions, a combination of convictions received within 7 years of DUI, reckless driving, racing on the highways

1-year

Revocation

Arizona Revised Statute § 28-3304(A)(10)

No

R, A, I, S,

Two or more convictions of DUI within 7 years

1-year Revocation

Arizona Revised Statute § 28-3304(A)(11)

No

R, A, I, S, CIID

Three or more convictions of DUI within 7 years

3-year revocation

Arizona Revised Statute § 28-3304(A)(12)

R, A, I, S, CIID


Title 28, Driver License actions; Moving Violations, general

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

Moving Violations by Persons Under 18

First conviction of most moving violations

Attend Traffic Survival School

Arizona Revised Statute § 28-3321(A)(1)

N/A

N/A

Second Conv.

3 mo. susp.

No

R, A

Third Conviction

6 mo. susp.

No

R, A

Moving Violations, General

8-12 points in 12 months

Order to attend Traffic Survival School

Arizona Revised Statute § 28-3306(A); A.A.C. R17-4-404

N/A

N/A

Failure to attend and/or complete Traffic Survival School for points violation

6 months

Arizona Revised Statute § 28-3306(A); A.A.C. R17-4-404

No

R, A

Second conviction for driver license restriction violation in 5 years

6 months

Arizona Revised Statute § 28-3306(A)

No

R, A

Conviction for failure to render aid as required in an accident involving death or injury

Revocation 1 year

Arizona Revised Statute § 28-3304(A)(8)

No

R, A, I

Two or more convictions or a combination of convictions received within 7 years of DUI, reckless driving, or racing on the highways

Revocation

1-year

Arizona Revised Statute § 28-3304(A)(10)

No

R, A, I

Second conviction for violation of A.R.S 28-695, aggressive driving, in 2 years

Revocation

1-year

Arizona Revised Statute § 28-695(D)(2)

No

R, A, I


Title 28, Driver License actions; Moving Violations, Specific

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-645

Red light violation

Indefinite suspension until person attends and successfully completes Traffic Survival School.

Arizona Revised Statute § 28-645(A)(3)(a)

No

R, A

§ 28-857

Second conviction of overtaking a school bus

Court shall suspend up to 6 months

Arizona Revised Statute § 28-857(G)

No

R, A

§ 28-857

Third conviction of overtaking a school bus

Court shall suspend up to 1 year

Arizona Revised Statute § 28-857(G)

No

R, A

§ 28-661(B) or (C)

Conviction for failure to render aid as required in an accident involving death or injury

Revocation

5 years if death or serious injury, 3-years if other injury

Arizona Revised Statute § 28-661(E) or (F)

No

R, A, I

§ 28-662

Conviction for failure to stop involving property damage

Court discretion of 1 year Suspension

Arizona Revised Statute § 28-662(C)

No

R, A

§ 28-672

Serious physical injury or death by a moving violation

Court may suspend up to 90-days for Serious physical injury or 180-days for death

Arizona Revised Statute § 28-672(C)

No

R, A

§ 28-672

Failure to complete TSS or community restitution

Court notifies MVD to suspend until satisfied

Arizona Revised Statute § 28-672(E)

No

R, A


Title 28, Driver License actions; Moving Violations, Specific (Cont.)

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-675

Causing death by use of vehicle while driver license is withdrawn

Revocation 1-year

Arizona Revised Statute § 28-3304(A)(3)

No

R, A, I

§ 28-676

Causing Serious physical injury by use of vehicle while driver license is withdrawn

Revocation 1-year

Arizona Revised Statute § 28-3304(A)(3)

No

R, A, I

§ 28-3473

Driving on suspended license

Refer to statute; generally, suspension extended for a like period

Arizona Revised Statute § 28-3473

No

R, A


Title 28, Driver License actions; Interlock Violations

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-1463

Failure to submit proof of compliance for the Interlock device

At least 1 year (After 8/25/2004, indefinite until compliant)

Arizona Revised Statute § 28-1463

No

R, A

§ 28-1464(A); (C); (D); (F); or (H))

Driving in violation of interlock requirements

1 year suspension; Interlock requirement extended 1 year

Arizona Revised Statute § 28-3306(A)(9) Arizona Revised Statute § 28-1464(I)

No

R, A

§ 28-1464(B)

Renting, leasing or lending a vehicle to a person subject to an Interlock

6 mo. susp.

2nd conviction:

1 year susp.

Arizona Revised Statute § 28-3306(A)(9)

No

R, A


Title 28, Driver License actions; Interlock Violations (Cont.)

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-1464(E)

Breathing into another person’s Interlock device to start engine for that person

6 mo. Susp.

2d conviction:

1 year

Arizona Revised Statute § 28-3306(A)(9)

No

R, A

§ 28-1464(G)

Tampering with an Interlock device

6 mo. Susp.

2d conviction:

1 year

Arizona Revised Statute § 28-3306(A)(9)

No

R, A


Title 28, Driver License actions; Miscellaneous

Category

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-1601

Failure to pay civil penalties

Court-ordered susp. until paid

Arizona Revised Statute § 28-1601

No

R, A

§ 28-3306

Medically ineligible

Suspension or revocation until eligible

Arizona Revised Statute § 28-3306(A)

No

R, A

§ 28-3308

Failure to appear for a scheduled court appearance after service of the complaint alleging a violation of a provision of Title 28

Suspended until the person appears or the fine or civil penalty is paid

Arizona Revised Statute § 28-3308

No

R, A

§ 28-3478

Convicted for unlawful use of license or MVD determined a person made false or fraudulent application pursuant to Arizona Revised Statute 28-3301(B)

6 month

suspension

Arizona Revised Statute § 28-3306

No

R, A


Title 28, Driver License actions; Miscellaneous (Cont.)

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-3478

Second conviction or MVD determination

1 year suspension

Arizona Revised Statute § 28-3306

No

R, A

Miscellaneous Court Orders

Child support arrearage

Court-ordered suspension

§ 25-517(A) and 25-518

Court discretion

R, A

§ 28-672(F)

Failure to comply with community service order

Court-ordered suspension. Notice of court satisfaction required to end suspension

§ 28-672(F)

Court discretion

R, A


Title 28, Commercial Driver License (Disqualifications)

Category

Violation

Disqualification

Authority

Work Permit

§ 28-3312(A)(1)(a)

Implied consent in any vehicle

1 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(A)(1)(b)(i)

DUI in a CMV with BAC over 0.04

1 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(A)(1)(b)(ii)

Leaving the scene of an accident in any vehicle.

1 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(A)(1)(b)(iii)

Using a motor vehicle in the commission of a crime.

1 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(A)(1)(b)(iv)

A violation of DUI, extreme DUI or Aggravated DUI.

1 year

Arizona Revised Statute § 28-3312

No


Title 28, Commercial Driver License (Disqualifications) (Cont.)

Category

Violation

Disqualification

Authority

Work Permit

§ 28-3312(A)(2)

Any violation of 28-3312(A)(1) (a) or (b) with Hazardous material

3 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(A)(3)

Any two or more violations or any combination of

28-3312(A)(1) (a) or (b)

Life Time (Eligible for reinstatement after 10 years)

Arizona Revised Statute § 28-3312

No

§ 28-3312(A)(4)

Use of any vehicle in the commission of a felony involving controlled substances

Life Time (Eligible for reinstatement after 10 years)

Arizona Revised Statute § 28-3312

No

§ 28-3312(A)(5)

Convicted of two serious traffic violations1 in 3 years

60 days

Arizona Revised Statute § 28-3312

No

§ 28-3312(A)(6)

Convicted of three serious traffic violations1 in 3 years

120 days

Arizona Revised Statute § 28-3312

No

§ 28-3312(B)(1)

First violation of Out of Service

Order.

90 days

Arizona Revised Statute § 28-3312

No

§ 28-3312(B)(2)

Second violation of Out of Service Order within 10 years.

1 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(B)(3)

Third violation of Out of Service Order within 10 years.

3 year

Arizona Revised Statute § 28-3312

No


Title 28, Commercial Driver License (Disqualifications) (Cont.)

Category

Violation

Disqualification

Authority

Work Permit

§ 28-3312(C)(1)

First violation of Out of Service

Order with Hazmat or passengers

180 days

Arizona Revised Statute § 28-3312

No

§ 28-3312(C)(2)

Second violation of Out of Service Order with Hazmat or passengers within 10 years.

3 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(D)(1)

First violation of any Railroad crossing law

60 days

Arizona Revised Statute § 28-3312

No

§ 28-3312(D)(2)

Second violation of any Railroad crossing law within 3 years.

120 days

Arizona Revised Statute § 28-3312

No

§ 28-3312(D)(3)

Third violation of any Railroad crossing law within 3 years.

1 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(E)(1)

More than one Implied Consent

Permanently – Not eligible for reinstatement after 10 years

Arizona Revised Statute § 28-3312

No

§ 28-3312(E)(2)

More than one DUI, Extreme DUI or Aggravated DUI

Permanently – Not eligible for reinstatement after 10 years

Arizona Revised Statute § 28-3312

No

§ 28-3312(E)(3)

More than once uses a non-commercial vehicle in the commission of a felony.

Permanently – Not eligible for reinstatement after 10 years

Arizona Revised Statute § 28-3312

No


Title 28, Commercial Driver License (Disqualifications) (Cont.)

Category

Violation

Disqualification

Authority

Work Permit

§ 28-3312(F)

If a Federal agency determines that you are an imminent hazard

Not to exceed 1 year

Arizona Revised Statute § 28-3312

No

§ 28-3312(H)(1)

Second violation of no valid CDL license within 3 years

60 days (third violation is 120 days)

Arizona Revised Statute § 28-3312

No

§ 28-3312(H)(2)

Second violation of driving a CMV without a CDL in possession

60 days (third violation is 120 days)

Arizona Revised Statute § 28-3312

No

§ 28-3312(H)(3)

Second violation of driving a CMV without a valid endorsement for vehicle driving.

60 days (third violation is 120 days)

Arizona Revised Statute § 28-3312

No


1. Serious Traffic Violations is a conviction for any of the following:

q Excessive speeding involving a single offense for a speed of 15 miles per hour or more above the posted speed limit.

q Reckless driving as provided in ARS § 28-693.

q Aggressive driving as provided in ARS § 28-695

q Racing as defined in section 28-708.

q Improper or erratic traffic lane changes as provided by section 28-729.

q Following the vehicle ahead too closely as provided by section 28-730.

q A violation of this title (Title 28) that is connected with a fatal traffic accident.

NOTE: CDL reinstatements consist of the reinstatement fee if only the CDL privilege was disqualified. Add any applicable driver license reinstatement fees if the driver license privilege was withdrawn in addition to the CDL disqualification.

NOTE: If a CDL driver is disqualified for life and after 10 years is allowed to reinstate their CDL driving privilege and then subsequently is convicted of any provision of Arizona Revised Statute § 28-3312(A)(1), they will be permanently disqualified and will never be eligible to reinstate.


Title 28. Driver License actions; Cancellations

Category

Violation

Cancelled until cause removed and re-application made.

Authority

Work Permit

Reinst. Req.

28-3301.A.1

Licensee not entitled to the issuance of the license

28-3301

No

A

28-3301.A.2

Licensee failed to give required or correct information or committed fraud on application

28-3301

No

A

28-3301.A.3

A licensee requests cancellation of their license.

28-3301

No

A

28-3301.A.4

Licensee failed to respond to a request by MVD to update the license.

28-3301

No

A

28-3301.A.5

Licensee failed. Refused or neglected to pay any fee, tax or assessment or a penalty on the fee, tax of assessment due to MVD

28-3301

No

A


Title 28: Driver License actions; Cancellations (Cont.)

Conviction

Violation

Suspension

Authority

Permit

§ 28-4135

Not having automobile insurance

3 month license and plates susp.

Arizona Revised Statute § 28-4135(E)(1)

Yes

Second conviction within 3 years

6 month license and plates susp.

Arizona Revised Statute § 28-4135(E)(2)

Yes

Third conviction within 3 years

1 year license and plates susp.

Arizona Revised Statute § 28-4135(E)(3)

Yes

§ 28-4144

Being involved in an accident without automobile insurance

1 year license and plates susp.

Arizona Revised Statute § 28-4144(C)

Yes

Non response to an MVD request for insurance information

Not providing proof of insurance within 15 days of notice

Until proof of insurance is filed or vehicle sold

Arizona Revised Statute § 28-4149

No


Vehicle Registration Suspensions

Conviction

Violation

Action

Authority

Work Permit?

Reinst. Req.

§ 28-4135

Not having automobile insurance

3 month plates susp.

Arizona Revised Statute § 28-4135(E)(1)

Yes

R, S

Second conviction within 3 years

6 month plates susp.

Arizona Revised Statute § 28-4135(E)(2)

Yes

R, S

Third conviction within 3 years

1 year plates susp.

Arizona Revised Statute § 28-4135(E)(3)

Yes

R, S

§ 28-4144

Being involved in an accident without automobile insurance

1 year plates susp.

Arizona Revised Statute § 28-4144(C)

Yes

R, S

§ 28-4149

Fail to provide insurance upon request from MVD.

Indefinite until compliant

Arizona Revised Statute § 28-4149(D)

No

R, S


Vehicle Registration Cancellation

Issue

Cause

Cancellation

Authority

Permit

Vehicle is unsafe or unfit or not equipped to be operated or unlawful use.

Upon determination by MVD

Plates are removed

Arizona Revised Statute § 28-2163(A) or (B)

N/A


Vehicle Registration Holds

Issue

Cause

Hold

Authority

Permit

TTEAP (Traffic Ticket Enforcement Assistance Program.

Owing any fines to a court except parking tickets

Until all fines are paid or sale or transfer of title of vehicle

Arizona Revised Statute § 28-1631

N/A

Abandoned Vehicle Fee Due.

Last registered owner of a vehicle that has been abandoned

Until $50.00 fee is paid

Arizona Revised Statute § 28-4802(A)

N/A

Nonpayment of fees, taxes and assessments

Failed, refused or neglected to pay Motor Vehicle Fee, tax or other assessment due to MVD.

Until paid

Arizona Revised Statute § 28-2161(A0(1)

N/A

Issued a Cab/Chassis registration

Failed to complete the chassis or obtain an inspection

Until Chassis is completed or another inspection is performed

Arizona Revised Statute § 28-2157

N/A


From the Arizona Motor Vehicle Division

1801 W. Jefferson St. Phoenix, Arizona

Mailing address: PO Box 2100 Phoenix, Arizona 85001-2100