Driving on a suspended license

[goldnucs]

What is the name of your state?What is the name of your state? ARIZONA

I was pulled over last night, not 1/4 mile from my house for, of all things, having a light out on my rear license plate. When the officer ran my record, he discovered that I had been driving on a suspended license. I had been charged with a DUI in 7/04, and even though the charges have since been dismissed, my license was suspended as a result of my refusal to consent to submit to a blood test.

My hearing before an administrative law judge with MVD took place on 9/8/04. I never did receive any notice of the judge's decision in my appeal hearing so I never brought it up hoping perhaps my case had "fallen through the cracks" and I didn't want to remind them. In doing my own research I did discover that my license was suspended effective 12/28/04. I also learned that A.R.S. 28-3318 provides that "Service of notice is complete on mailing" and that " The State is not required to prove actual receipt of the notice...", so I don't think claiming that I was unaware of the suspension is gonna fly.

I am confined to a wheelchair and own a van equipped with a lift, hand controls, etc. If I don't drive I can't go anywhere, so I do drive. However, I drive carefully, infrequently and rarely after dark. As (my rotten) luck would have it, I did drive last night and got popped not having a working license plate light.

I have no prior convictions for anything more serious than some speeding violations and even the most recent of those is a few years old.

Can anyone offer me any defenses or advice? What am I likely facing in the way of sentencing?

Thank-you in advance.

 

[irishtara40]

Necessity Defense

undefined My advice would be to use the necessity defense- which is as follows- you did break the law, but you did it out of necessity,1- you have no other means of transportation. One question- does' your state offer hard-ship licenses and if so have you applied for one before?The most I see you possibly getting out of this is probation, fine,and possibly ordered to go to a program for alcohol offenders,such as SATOP or ARTOP.Hope this gives you some help!Good luck!

 

[goldnucs]

undefined My advice would be to use the necessity defense- which is as follows- you did break the law, but you did it out of necessity,1- you have no other means of transportation. One question- does' your state offer hard-ship licenses and if so have you applied for one before?The most I see you possibly getting out of this is probation, fine,and possibly ordered to go to a program for alcohol offenders,such as SATOP or ARTOP.Hope this gives you some help!Good luck!

Hey thanx...........Guess all I've got so far are the necessity defense and the "I never got the notice" defense; both of which are about as solid as swiss cheese. I don't know if AZ offers a hardship license. I'm gonna go research that immediately. I'll be happy with probation and fine because A.R.S. 28-3473 reads "A person who drives.......when the person's privilege to drive.....is suspended...for a violation of section 28-1381 [admin consent], .........is guilty of a class 1 misdemeaor and shall be sentenced to serve at least 48 consecutive hours in jail. A judge shall not grant probation, pardon, commutation or suspension of sentence...on basis other than on the condition that the person serve at least 48 consecutive hours in jail." Pretty straightforward.

Why do you think they'd order alcohol treatment? My case was dismissed.