IMPORTANT INFORMATION SHEET
Effective September 30, 2009, Arizona Revised Statute (A. R. S.) 28-4135 requires the Motor Vehicle Department (MVD) to administratively suspend the driver’s license and registration of any person convicted of a violation of (A. R. S.) 28-4135(A), (B) and (C) upon receipt of the abstract of the record judgment. The monetary penalties associated with the violations of the above referenced statute remain the same and are:
- $500 + surcharges and court fees, for a first offense
- $750 + surcharges and court fees, for a second offense
- $1000 + surcharges and court fees, for a third offense
Effective September 30, 2009, the statute also allows the court to reduce or waive the penalty imposed for a violation of A.R.S. 28-4135 if the person provided proof of both the following items:
- The defendant (driver) not been found responsible of a violation of A.R.S. 28-4135 within the past 24 months OR has not had more than one violation of A.R.S. 28-4135 within the past 36 months as evidence by the person’s driving record.
- The defendant has purchased a six month policy of insurance that meets the requirements of A.R.S. 28-4009.
The statute allows the court to:
- Waive the monetary penalty
- Waive only the driver’s license suspension
- Waive only the registration suspension
- Waive both the driver’s license suspension and registration suspension
- Impose a lower monetary penalty, or
- Any combination of the items listed here
Upon receipt of the record of judgment, MVD is responsible for entering a suspension of the defendant’s driver license and/or registration/plates in their system. In order to ensure that the defendant is in compliance with suspension and to receive timely notification from MVD, the defendant must ensure that the MVD has their most current address.
The suspension of the defendant’s driver license/registration/plates is not effective until MVD mails the Corrective Action Notice to the address of record. Service of notice is considered complete upon the mailing of the Corrective Action Notice. The Corrective Notice will provide information of the effective date for the suspension and reinstatement requirements (e.g., fees, proof of insurance, etc).
Defendants may be eligible for a MVD issued restricted license if they obtain a SR22, proof of insurance and they comply with the additional criteria established by the MVD.