CA has no record of AZ suspended License?

[LegalBurgers]

What is the name of your state (only U.S. law)? CA AND AZ

The DUI occurred in Scottsdale, AZ. I am currently living in Florida.
My drivers license is a CALIFORNIA drivers license.

So the attorney in scottsdale sent me a form. It said on it:

STATE OF ARIZONA
DEPARTMENT OF TRANSPORTATION
EXECUTIVE HEARING OFFICE

IN THE MATTER OF A DRIVER LICENSE SUSPENSION
ARS 28-1385

ORDER VACATING HEARING AND ORDER FOR SUSPENSION

THE ARIZONA DEPARTMENT OF TRANSPORTATION HAS ISSUED AN ORDER SUSPENDING THE PETITIONER'S ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES FOR 90 DAYS IN CONSEQUENCE OF THEIR ALLEGED OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL. SUBSEQUENT TO SUCH ORDER, THE PETITIONER FILED A TIMELY REQUEST FOR HEARING AS AUTHORIZED BY ARS 28-1385. THE PURPOSE OF THAT HEARING WAS TO DETERMINE WHETHER THE EVIDENCE SUPPORTS THE ORDER OF SUSPENSION AND WHETHER SUCH ORDER SHOULD BE AFFIRMED OR VACATED.

AFTER NOTICE OF THE HEARING WAS MAILED TO PARTIES, THE PETITIONER, THROUGH COUNSEL (NAME) , REQUESTED THE HEARING BE VACATED, WAIVED THE RIGHT TO COMPEL THE STATE TO MEET ITS BURDEN OF PROOF BY COMPETENT AND CREDIBLE EVIDENCE, WAIVED THE RIGHT TO CONFRONT AND EXAMINE WITNESSES, AND STIPULATED TO ENTRY OF SUSPENSION OF THEIR ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES FOR A PERIOD OF 90 DAYS.

CONCLUSIONS OF LAW

(A RECOUNTING OF THE DUI ARREST

DECISION AND ORDER

UPON STIPULATION OF THE PETITIONER AND GOOD CAUSE SHOWN, THE HEARING ON THIS MATTER SCHEDULED TO CONVENE ON FEBRUARY 14, 2012 IS HEREBY VACATED AND SET ASIDE. FURTHER, IT IS ORDERED THAT THE PETITIONERS ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES ARE SUSPENDED FOR NINETY (90) DAYS EFFECTIVE AT 12:01AM ON FEBRUARY 12, 2012.

---------------------------------------
It is now 90 days later and I was told in order to reinstate my license, I need to fulfill reinstatement requirements. On the form above was a link to the Arizona website to do this. When I got there, it said my license was not found. This is because its a California license. So I called California DMV and asked them what I need to do to reinstate my license. She looked up my information and told me their records show no suspension was ever in place. No reinstatement is necessary. And my license is currently active and in good standing. Mind you - its been three months.

Clearly there is some overlap going on here. Its an "out of state DUI" situation. And had I had an AZ license, it would have been suspended. But i am really concerned now that the last 3 months of sitting my butt at home doing nothing was wasted. Why doesnt California show my license was ever suspended?

One note: My attorney told me awhile ago that my license would really only be suspended in Arizona. Several people on this forum took issue with that logic and said that if a license is suspended in any state, it will be suspended everywhere, and therefore I can not drive even in Florida. But she maintained that "sometimes the right hand doesnt know what the left hand is doing" and she has seen out of state DUI's take many months to get propogated out of Arizona to the person's home state.

My biggest concern is that someone at some point (like the Judge?) is going to query California and be told I never had my license suspended.

Is that a concern?

 

[Zigner]

You've been notified that your license is suspended. When you apply for a Florida license (you are going to do that, right?) you will need to let them know that and surrender your CA license. Good luck.

 

[LegalBurgers]

Thanks for your input. Unfortunately nothing you wrote has anything to do with my original post.

I am moving back to California in a couple weeks. So no, I wont be getting a FL license, and wont need to do those things you mention.

And no, my license is not currently suspended.

If you could read my original post (versus skim) and provide input on what was actually asked, I'd really appreciate that.

Thanks!

 

[dave33]

What is the name of your state (only U.S. law)? CA AND AZ

The DUI occurred in Scottsdale, AZ. I am currently living in Florida.
My drivers license is a CALIFORNIA drivers license.

So the attorney in scottsdale sent me a form. It said on it:

STATE OF ARIZONA
DEPARTMENT OF TRANSPORTATION
EXECUTIVE HEARING OFFICE

IN THE MATTER OF A DRIVER LICENSE SUSPENSION
ARS 28-1385

ORDER VACATING HEARING AND ORDER FOR SUSPENSION

THE ARIZONA DEPARTMENT OF TRANSPORTATION HAS ISSUED AN ORDER SUSPENDING THE PETITIONER'S ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES FOR 90 DAYS IN CONSEQUENCE OF THEIR ALLEGED OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL. SUBSEQUENT TO SUCH ORDER, THE PETITIONER FILED A TIMELY REQUEST FOR HEARING AS AUTHORIZED BY ARS 28-1385. THE PURPOSE OF THAT HEARING WAS TO DETERMINE WHETHER THE EVIDENCE SUPPORTS THE ORDER OF SUSPENSION AND WHETHER SUCH ORDER SHOULD BE AFFIRMED OR VACATED.

AFTER NOTICE OF THE HEARING WAS MAILED TO PARTIES, THE PETITIONER, THROUGH COUNSEL (NAME) , REQUESTED THE HEARING BE VACATED, WAIVED THE RIGHT TO COMPEL THE STATE TO MEET ITS BURDEN OF PROOF BY COMPETENT AND CREDIBLE EVIDENCE, WAIVED THE RIGHT TO CONFRONT AND EXAMINE WITNESSES, AND STIPULATED TO ENTRY OF SUSPENSION OF THEIR ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES FOR A PERIOD OF 90 DAYS.

CONCLUSIONS OF LAW

(A RECOUNTING OF THE DUI ARREST

DECISION AND ORDER

UPON STIPULATION OF THE PETITIONER AND GOOD CAUSE SHOWN, THE HEARING ON THIS MATTER SCHEDULED TO CONVENE ON FEBRUARY 14, 2012 IS HEREBY VACATED AND SET ASIDE. FURTHER, IT IS ORDERED THAT THE PETITIONERS ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES ARE SUSPENDED FOR NINETY (90) DAYS EFFECTIVE AT 12:01AM ON FEBRUARY 12, 2012.

---------------------------------------
It is now 90 days later and I was told in order to reinstate my license, I need to fulfill reinstatement requirements. On the form above was a link to the Arizona website to do this. When I got there, it said my license was not found. This is because its a California license. So I called California DMV and asked them what I need to do to reinstate my license. She looked up my information and told me their records show no suspension was ever in place. No reinstatement is necessary. And my license is currently active and in good standing. Mind you - its been three months.

Clearly there is some overlap going on here. Its an "out of state DUI" situation. And had I had an AZ license, it would have been suspended. But i am really concerned now that the last 3 months of sitting my butt at home doing nothing was wasted. Why doesnt California show my license was ever suspended?

One note: My attorney told me awhile ago that my license would really only be suspended in Arizona. Several people on this forum took issue with that logic and said that if a license is suspended in any state, it will be suspended everywhere, and therefore I can not drive even in Florida. But she maintained that "sometimes the right hand doesnt know what the left hand is doing" and she has seen out of state DUI's take many months to get propogated out of Arizona to the person's home state.

My biggest concern is that someone at some point (like the Judge?) is going to query California and be told I never had my license suspended.

Is that a concern?

You got lucky. Some states work with each other, some don't. The only way to know is go through it or have someone whom has gone through the exact same situation, with the exact same states.

I would not be in a huge rush to get the Florida license because again you never know which states have contact.

I would not worry about the judge or anyone else following up to see what happened with your out of state license. I doubt you will even be a fleeting thought. goodluck.

 

[wokscott]

What is the name of your state (only U.S. law)? CA AND AZ

The DUI occurred in Scottsdale, AZ. I am currently living in Florida.
My drivers license is a CALIFORNIA drivers license.

So the attorney in scottsdale sent me a form. It said on it:

STATE OF ARIZONA
DEPARTMENT OF TRANSPORTATION
EXECUTIVE HEARING OFFICE

IN THE MATTER OF A DRIVER LICENSE SUSPENSION
ARS 28-1385

ORDER VACATING HEARING AND ORDER FOR SUSPENSION

THE ARIZONA DEPARTMENT OF TRANSPORTATION HAS ISSUED AN ORDER SUSPENDING THE PETITIONER'S ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES FOR 90 DAYS IN CONSEQUENCE OF THEIR ALLEGED OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL. SUBSEQUENT TO SUCH ORDER, THE PETITIONER FILED A TIMELY REQUEST FOR HEARING AS AUTHORIZED BY ARS 28-1385. THE PURPOSE OF THAT HEARING WAS TO DETERMINE WHETHER THE EVIDENCE SUPPORTS THE ORDER OF SUSPENSION AND WHETHER SUCH ORDER SHOULD BE AFFIRMED OR VACATED.

AFTER NOTICE OF THE HEARING WAS MAILED TO PARTIES, THE PETITIONER, THROUGH COUNSEL (NAME) , REQUESTED THE HEARING BE VACATED, WAIVED THE RIGHT TO COMPEL THE STATE TO MEET ITS BURDEN OF PROOF BY COMPETENT AND CREDIBLE EVIDENCE, WAIVED THE RIGHT TO CONFRONT AND EXAMINE WITNESSES, AND STIPULATED TO ENTRY OF SUSPENSION OF THEIR ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES FOR A PERIOD OF 90 DAYS.

CONCLUSIONS OF LAW

(A RECOUNTING OF THE DUI ARREST

DECISION AND ORDER

UPON STIPULATION OF THE PETITIONER AND GOOD CAUSE SHOWN, THE HEARING ON THIS MATTER SCHEDULED TO CONVENE ON FEBRUARY 14, 2012 IS HEREBY VACATED AND SET ASIDE. FURTHER, IT IS ORDERED THAT THE PETITIONERS ARIZONA DRIVERS LICENSE / DRIVING PRIVILEGES ARE SUSPENDED FOR NINETY (90) DAYS EFFECTIVE AT 12:01AM ON FEBRUARY 12, 2012.

---------------------------------------
It is now 90 days later and I was told in order to reinstate my license, I need to fulfill reinstatement requirements. On the form above was a link to the Arizona website to do this. When I got there, it said my license was not found. This is because its a California license. So I called California DMV and asked them what I need to do to reinstate my license. She looked up my information and told me their records show no suspension was ever in place. No reinstatement is necessary. And my license is currently active and in good standing. Mind you - its been three months.

Clearly there is some overlap going on here. Its an "out of state DUI" situation. And had I had an AZ license, it would have been suspended. But i am really concerned now that the last 3 months of sitting my butt at home doing nothing was wasted. Why doesnt California show my license was ever suspended?

One note: My attorney told me awhile ago that my license would really only be suspended in Arizona. Several people on this forum took issue with that logic and said that if a license is suspended in any state, it will be suspended everywhere, and therefore I can not drive even in Florida. But she maintained that "sometimes the right hand doesnt know what the left hand is doing" and she has seen out of state DUI's take many months to get propogated out of Arizona to the person's home state.

My biggest concern is that someone at some point (like the Judge?) is going to query California and be told I never had my license suspended.

Is that a concern?

Who is the attorney in Scottsdale you used? I've found myself in much the same situation as yourself... Was she good?

 

[HighwayMan]

Who is the attorney in Scottsdale you used? I've found myself in much the same situation as yourself... Was she good?

Don't assume you'll get an answer. Seems like the OP is long gone.

In most cases a month old thread is ancient history here.