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
