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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.
Points are assessed as follows:
|
Violation |
Points |
|
A.R.S. § 28-1381, driving or actual physical control of a vehicle while under the influence. |
8 |
|
A.R.S. § 28-1382, driving or actual physical control of a vehicle while under the extreme influence of intoxicating liquor. |
8 |
|
A.R.S. § 28-1383, aggravated driving or actual physical control while under the influence. |
8 |
|
A.R.S. § 28-693, reckless driving. |
8 |
|
A.R.S. § 28-708, racing on highways. |
8 |
|
A.R.S. § 28-695, aggressive driving. |
8 |
|
A.R.S. §§ 28-662, 28-663, 28-664, or 28-665, relating to a driver’s duties after an accident. |
6 |
|
A.R.S. § 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 |
|
A.R.S. § 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 |
|
A.R.S. § 28-701, reasonable and prudent speed. |
3 |
|
A.R.S. § 28-644(A)(2), driving over, across, or parking in any part of a gore area. |
3 |
|
Any other traffic regulation that governs a vehicle moving under its own power. |
2 |
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:
ARIZONA MVD PENALTY CHART
NOTES: 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 and 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 |
A.R.S. § 28-3309 and 3310 |
No |
R, A |
|
|
Second violation: |
1 year suspension |
A.R.S. § 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 |
A.R.S. § 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
|
A.R.S. § 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. |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 8-323(D) |
No |
R, A |
|
§ 8-323 |
Finding that juvenile has committed the violation |
May suspend up to 180 days |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 28-3304(A)(1) |
No |
R, A, I |
|
|
Conviction for driving under the influence of a narcotic drug |
Revocation 1-year |
A.R.S. § 28-3304(A)(2) |
No |
R, A, I |
|
|
Felony conviction involving use of a motor vehicle |
Revocation 1-year |
A.R.S. § 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 |
A.R.S. § 28-3304(A)(9) |
No |
R, A, I |
|
|
Conviction for aggravated assault violation |
Revocation 1-year |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 28-3309(B) or (C) |
No |
R, A |
|
|
Second conviction of above |
1 year suspension |
A.R.S. § 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. |
A.R.S. § 28-4135(E)(1) |
Yes |
R, A, S |
|
|
Second conviction within 3 years |
6 month license and plates susp. |
A.R.S. § 28-4135(E)(2) |
Yes |
R, A, S |
|
|
Third conviction within 3 years |
1 year license and plates susp. |
A.R.S. § 28-4135(E)(3) |
Yes |
R, A, S |
|
§ 28-4144 |
Being involved in an accident without automobile insurance |
1 year license and plates susp. |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 28-1321 |
No |
R, A, S |
|
§ 28-1385 |
Admin Per Se |
90 day suspension |
A.R.S. § 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
|
A.R.S. § 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 A.R.S. § 28-1385, |
A.R.S. § 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 |
A.R.S. § 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) |
A.R.S. § 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 A.R.S. § 28-1385. If BAC over 0.20 Interlock for 18 months |
A.R.S. § 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 |
A.R.S. § 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. ,
|
A.R.S. § 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. |
A.R.S. § 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 |
A.R.S. § 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. |
A.R.S. § 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. |
A.R.S. § 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 |
A.R.S. § 28-3304(A)(10) |
No |
R, A, I, S, |
|
|
Two or more convictions of DUI within 7 years |
1-year Revocation |
A.R.S. § 28-3304(A)(11) |
No |
R, A, I, S, CIID |
|
|
Three or more convictions of DUI within 7 years |
3-year revocation |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 28-3306(A); A.A.C. R17-4-404 |
No |
R, A |
|
|
Second conviction for driver license restriction violation in 5 years |
6 months |
A.R.S. § 28-3306(A) |
No |
R, A |
|
|
Conviction for failure to render aid as required in an accident involving death or injury |
Revocation 1 year |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 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. |
A.R.S. § 28-645(A)(3)(a) |
No |
R, A |
|
|
|
|
|
|
|
|
§ 28-857 |
Second conviction of overtaking a school bus |
Court shall suspend up to 6 months |
A.R.S. § 28-857(G) |
No |
R, A |
|
§ 28-857 |
Third conviction of overtaking a school bus |
Court shall suspend up to 1 year |
A.R.S. § 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 |
A.R.S. § 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
|
A.R.S. § 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 |
A.R.S. § 28-672(C) |
No |
R, A |
|
§ 28-672 |
Failure to complete TSS or community restitution |
Court notifies MVD to suspend until satisfied |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 28-3304(A)(3) |
No |
R, A, I |
|
§ 28-3473 |
Driving on suspended license |
Refer to statute; generally, suspension extended for a like period |
A.R.S. § 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) |
A.R.S. § 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 |
A.R.S. § 28-3306(A)(9) A.R.S. § 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. |
A.R.S. § 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 |
A.R.S. § 28-3306(A)(9) |
No |
R, A |
|
§ 28-1464(G) |
Tampering with an Interlock device |
6 mo. Susp. 2d conviction: 1 year |
A.R.S. § 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 |
A.R.S. § 28-1601 |
No |
R, A |
|
§ 28-3306 |
Medically ineligible
|
Suspension or revocation until eligible |
A.R.S. § 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 |
A.R.S. § 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 A.R.S. 28-3301(B) |
6 month suspension |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 28-3312 |
No |
|
§ 28-3312(A)(1)(b)(i) |
DUI in a CMV with BAC over 0.04 |
1 year
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(A)(1)(b)(ii) |
Leaving the scene of an accident in any vehicle. |
1 year
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(A)(1)(b)(iii) |
Using a motor vehicle in the commission of a crime. |
1 year
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(A)(1)(b)(iv) |
A violation of DUI, extreme DUI or Aggravated DUI. |
1 year
|
A.R.S. § 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
|
A.R.S. § 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)
|
A.R.S. § 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)
|
A.R.S. § 28-3312 |
No |
|
|
|
|
|
|
|
§ 28-3312(A)(5) |
Convicted of two serious traffic violations1 in 3 years |
60 days
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(A)(6) |
Convicted of three serious traffic violations1 in 3 years |
120 days
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(B)(1) |
First violation of Out of Service Order. |
90 days
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(B)(2) |
Second violation of Out of Service Order within 10 years. |
1 year
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(B)(3) |
Third violation of Out of Service Order within 10 years. |
3 year
|
A.R.S. § 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
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(C)(2) |
Second violation of Out of Service Order with Hazmat or passengers within 10 years. |
3 year
|
A.R.S. § 28-3312 |
No |
|
|
|
|
|
|
|
§ 28-3312(D)(1) |
First violation of any Railroad crossing law |
60 days
|
A.R.S. § 28-3312 |
No |
|
|
|
|
|
|
|
§ 28-3312(D)(2) |
Second violation of any Railroad crossing law within 3 years. |
120 days
|
A.R.S. § 28-3312 |
No |
|
|
|
|
|
|
|
§ 28-3312(D)(3) |
Third violation of any Railroad crossing law within 3 years. |
1 year
|
A.R.S. § 28-3312 |
No |
|
§ 28-3312(E)(1) |
More than one Implied Consent |
Permanently – Not eligible for reinstatement after 10 years |
A.R.S. § 28-3312 |
No |
|
§ 28-3312(E)(2) |
More than one DUI, Extreme DUI or Aggravated DUI |
Permanently – Not eligible for reinstatement after 10 years
|
A.R.S. § 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
|
A.R.S. § 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 |
A.R.S. § 28-3312 |
No |
|
§ 28-3312(H)(1) |
Second violation of no valid CDL license within 3 years |
60 days (third violation is 120 days) |
A.R.S. § 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) |
A.R.S. § 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) |
A.R.S. § 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 A.R.S. § 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. |
A.R.S. § 28-4135(E)(1) |
Yes |
|
|
Second conviction within 3 years |
6 month license and plates susp. |
A.R.S. § 28-4135(E)(2) |
Yes |
|
|
Third conviction within 3 years |
1 year license and plates susp. |
A.R.S. § 28-4135(E)(3) |
Yes |
|
§ 28-4144 |
Being involved in an accident without automobile insurance
|
1 year license and plates susp. |
A.R.S. § 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 |
A.R.S. § 28-4149 |
No |
Vehicle Registration Suspensions
|
Conviction |
Violation |
Action |
Authority |
Work Permit? |
Reinst. Req. |
|
§ 28-4135
|
Not having automobile insurance |
3 month plates susp. |
A.R.S. § 28-4135(E)(1) |
Yes |
R, S |
|
|
Second conviction within 3 years |
6 month plates susp. |
A.R.S. § 28-4135(E)(2) |
Yes |
R, S |
|
|
Third conviction within 3 years |
1 year plates susp. |
A.R.S. § 28-4135(E)(3) |
Yes |
R, S |
|
§ 28-4144 |
Being involved in an accident without automobile insurance |
1 year plates susp. |
A.R.S. § 28-4144(C) |
Yes |
R, S |
|
§ 28-4149 |
Fail to provide insurance upon request from MVD. |
Indefinite until compliant |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 28-1631 |
N/A |
|
Abandoned Vehicle Fee Due. |
Last registered owner of a vehicle that has been abandoned |
Until $50.00 fee is paid |
A.R.S. § 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 |
A.R.S. § 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 |
A.R.S. § 28-2157 |
N/A |
|
|
Motor Vehicle Division1801 W. Jefferson St. Phoenix, ArizonaMail address: PO Box 2100 Phoenix, Arizona 85001-2100 |
|
Janet NapolitanoGovernorVictor M. MendezDirector |
MVD Driver license and Vehicle Registration Actions Revised October 1, 2008 |
Stacey K. StantonDivision Director
|
