Arizona Suspended License

[Ckypros]

My fiance received a red light photo ticket approximately 3 years ago. Her explanation was that it was done to avoid a traffic collision with the vehicle behind her as he nearly rear-ended her, and also went through the red light. I told her that I was glad she is alright and she should report the incident to the police department. She didn't listen to my advice, but now regrets it. It may have not done anything at all though.

The ticket arrived in the mail as expected, and she paid the appropriate fine and attended traffic school for the violation. Approximately a year later we moved to California and went to the DMV to get our new Licenses. At the DMV, she was denied a license and was told her AZ DL was suspended.

She contacted the AZ DMV and it was explained to her that her license was suspended as a result of paperwork being filled out improperly regarding the traffic school. The fix was simple, only thing they required was a $30 license reinstatement fee which I thought was ridiculous, but she paid it. Next day she was able to get a license from the CA DMV without issue.

Now, she is stuck with a suspended license on her record. Her record is clean aside from the red light violation and a accident 7 years ago, but I am stuck paying hiked up insurance premiums as a result of this to the tune of over $400 a year. Is there anyway to have this removed from her record? And how long will this affect her record?

[MikeLowrey]

Everything varies depending where you live (I'm not from Arizona) but one thing I've notice and can tell you from the DMV in NY is when you get suspended and you pay for the fine, You NEED to have that receipt with you at all times in case you get stopped again, In my personal experience I have stop people having a suspended license, some have told me they paid it but didn't have proof (Arrested), others had it on them (checked and made sure it was good) and let them go. Why it is like that? I am assuming our DMV is too busy to remove the suspension from your record.

Find out with AZ how long it takes to remove that suspension and also try to ask for a written letter stating that she paid the fine and everything is back to normal, and take it to your insurance company, they'll probably do something that. Good Luck.

[Ckypros]

Is there anyway I can request more detailed information as to why it was suspended even in the first place? Perhaps that will assist in having it erased from her record, assuming that is possible? The CA DMV has acknowledged that the suspension has been lifted. They actually refused her a license until it was rectified which is understandable. She has since had her CA DL for 2 years, still without any other violation. Just recently, I have been insurance shopping since I just turned 25, and I am finding all the premiums go up around $400 or more a year just because her license was suspended.

Also, isn't the state required to notify the person if they are suspending their license? At least she was fortunate to not have encountered any officers during the period it was wrongfully suspended.

[Joeyd6]

Is there anyway I can request more detailed information as to why it was suspended even in the first place? Perhaps that will assist in having it erased from her record, assuming that is possible? The CA DMV has acknowledged that the suspension has been lifted. They actually refused her a license until it was rectified which is understandable. She has since had her CA DL for 2 years, still without any other violation. Just recently, I have been insurance shopping since I just turned 25, and I am finding all the premiums go up around $400 or more a year just because her license was suspended.

Also, isn't the state required to notify the person if they are suspending their license? At least she was fortunate to not have encountered any officers during the period it was wrongfully suspended.

All valid questions for the AZ DMV. We are cops....we enforce traffic laws...we don't handle the administrtive issues with license points and suspensions. I am sure if you call them they wil help!

[Samuel]

Is there anyway to have this removed from her record? And how long will this affect her record?

What did the AZ and CA DMVs say to those questions?

Oops, I second what Joey said...

[mcsap]

In my state , the only way a record can be removed is if it was WRONGLY placed there to begin with. Sounds like she pled guilty and just didn't do the paperwork correctly which is your friends problem , not the DMV.

[Sgt. Slaughter]

My fiance received a red light photo ticket approximately 3 years ago. Her explanation was that it was done to avoid a traffic collision with the vehicle behind her as he nearly rear-ended her, and also went through the red light. I told her that I was glad she is alright and she should report the incident to the police department. She didn't listen to my advice, but now regrets it. It may have not done anything at all though.

The ticket arrived in the mail as expected, and she paid the appropriate fine and attended traffic school for the violation. Approximately a year later we moved to California and went to the DMV to get our new Licenses. At the DMV, she was denied a license and was told her AZ DL was suspended.

She contacted the AZ DMV and it was explained to her that her license was suspended as a result of paperwork being filled out improperly regarding the traffic school. The fix was simple, only thing they required was a $30 license reinstatement fee which I thought was ridiculous, but she paid it. Next day she was able to get a license from the CA DMV without issue.

Now, she is stuck with a suspended license on her record. Her record is clean aside from the red light violation and a accident 7 years ago, but I am stuck paying hiked up insurance premiums as a result of this to the tune of over $400 a year. Is there anyway to have this removed from her record? Yes. Time.

And how long will this affect her record? Personal driving records are held for 5 years.

Is there anyway I can request more detailed information as to why it was suspended even in the first place? No. You can't.

Perhaps that will assist in having it erased from her record, assuming that is possible? It's not possible.

The CA DMV has acknowledged that the suspension has been lifted. They actually refused her a license until it was rectified which is understandable. She has since had her CA DL for 2 years, still without any other violation. Just recently, I have been insurance shopping since I just turned 25, and I am finding all the premiums go up around $400 or more a year just because her license was suspended.

Also, isn't the state required to notify the person if they are suspending their license? Nope.

At least she was fortunate to not have encountered any officers during the period it was wrongfully suspended. You got THAT right.

[Ckypros]

Thanks for answers Sgt. Slaughter. Though they are disappointing, it does bring some closure to the situation.

That is odd that the state can suspend a license without notice. I find that entrapment almost. Every citizen in this country is expected to be able to drive in most states, as a standard of living so it can be assumed that she will, in fact, drive a car. To take that privilege away from a person without notice, and later impose a penalty on the person, should they get caught, is in my book entrapment. I don't necessarily direct this to LEO's, as you just uphold the laws, but rather just an expression of my opinion. Notice could have been sent regarding paperwork. Though I am not sure whether the paperwork was a issue on her end or the traffic schools.

For future notice, based on the description of the events of the violation, would it have helped her case had she contacted law enforcement regarding the incident? Or would she have had to plead her case to the judge? Is there a chance the judge would have even shown leniency? Basically what I am asking, is how she should have handled the situation.

[marinepilot]

That is odd that the state can suspend a license without notice. I find that entrapment almost. Every citizen in this country is expected to be able to drive in most states, as a standard of living so it can be assumed that she will, in fact, drive a car. To take that privilege away from a person without notice, and later impose a penalty on the person, should they get caught, is in my book entrapment. I don't necessarily direct this to LEO's, as you just uphold the laws, but rather just an expression of my opinion. Notice could have been sent regarding paperwork. Though I am not sure whether the paperwork was a issue on her end or the traffic schools.

For future notice, based on the description of the events of the violation, would it have helped her case had she contacted law enforcement regarding the incident? Or would she have had to plead her case to the judge? Is there a chance the judge would have even shown leniency? Basically what I am asking, is how she should have handled the situation.

It's not really odd that the state can suspend your license without notice, because, at least here in Florida, you were given that notice when you agreed to accept the privilege of your drivers license. Before your drivers license can be issued to you, you must sign a contract that spells out the States requirements to keep your license in good standing. For instance, you must keep valid insurance on the car, you must pay or in some other way take care of your traffic infractions (tickets), you must submit to sobriety testing when requested by an officer with probable cause that you might be intoxicated, you must pay your child support, etc. Fail any one of those and your license will be suspended. Now, we do attempt to make another notice to the driver, but after a certain time, it is assumed that the driver knows their license to be suspended if they did not meet one of the requirements. So, with that aforementioned knowledge when you accept your drivers license, I fail to see how entrapment comes in to play.

As for how your fiance should have dealt with the problem, that's a tough one to answer 'cause theres really no set way. All I know is that whenever I have any dealings with a bureaucracy, I make sure to follow up on it until I know that it's been resolved to the best outcome. When she paid the ticket and took the online school, she should have pursued the paperwork through the DMV to ensure that her license was reinstated, or if not suspended, then still valid after the infraction.

[Sgt. Slaughter]

That is odd that the state can suspend a license without notice. I find that entrapment almost.
The paperwork she got with the directions for taking care of her ticket most likely had the consequences listed for failing to follow the directions and letting the ticket go. One of those is, most likely, a suspended license. Ergo, she had advanced notice in addition to the info marinepilot described that comes with getting your license in the first place. I can only imagine the amount of red light tickets given out each year. I would hazard a guess that most of those people correctly handle their citation and avoid the suspension penalty.
Every citizen in this country is expected to be able to drive in most states, as a standard of living so it can be assumed that she will, in fact, drive a car.
Then why mass transit, bicycles and all these people I see on foot?
To take that privilege away from a person without notice, and later impose a penalty on the person, should they get caught, is in my book entrapment.
You said the magic word - privilege. She didn't follow the rules and was punished accordingly. Of course, as stated before, she was lucky she wasn't caught while it was suspended.
I don't necessarily direct this to LEO's, as you just uphold the laws, but rather just an expression of my opinion. Notice could have been sent regarding paperwork.
All that costs more and more money. Would it also have to be sent Certified Mail? Restricted delivery so only the intended recipient can sign after showing an ID? Would get very expensive and insanely time consuming.
Though I am not sure whether the paperwork was a issue on her end or the traffic schools.

For future notice, based on the description of the events of the violation, would it have helped her case had she contacted law enforcement regarding the incident? Or would she have had to plead her case to the judge? Is there a chance the judge would have even shown leniency? Basically what I am asking, is how she should have handled the situation.
All her options were given to her when she got the citation in the mail. You'll need to ask her what they were.

[Ckypros]

You can say people take alternative means of transportation, but you can not however deny that it safe to assume a person over the age of 17 operates a motor vehicle. Also, she had performed the standards of the states standards regarding this matter. She paid the fine and went to traffic school, a real one, not a online one.

It seems to me that the issues is actually with the DMV regarding this matter as the license was suspended due to some error in paperwork was the explanation provided over the phone, but no paperwork corrections were required to reinstate her license, just the reinstatement fee. Should there have been an issue where she didn't do something correctly, it would make sense that the missing step would be required before the license could be reinstated.

[marinepilot]

You can say people take alternative means of transportation, but you can not however deny that it safe to assume a person over the age of 17 operates a motor vehicle. Also, she had performed the standards of the states standards regarding this matter. She paid the fine and went to traffic school, a real one, not a online one.

It seems to me that the issues is actually with the DMV regarding this matter as the license was suspended due to some error in paperwork was the explanation provided over the phone, but no paperwork corrections were required to reinstate her license, just the reinstatement fee. Should there have been an issue where she didn't do something correctly, it would make sense that the missing step would be required before the license could be reinstated.

Your answer is evidence of how wrong it is to assume. I, and those of us who work in this field, see every day people who do not operate a motor vehicle. Most have suspended licenses and are trying to keep from running afoul of the law yet again. And there are many, believe it or not, who have not had a license in many years, preferring to roam free and live on the streets, hopping rides where they can.

As for her performing the standards of the state regarding the matter, it is obvious to us she did NOT perform all the standards, and thereby, as she was told when she got her license, and also in the specific instructions she was to perform after her citation, as her license WAS suspended. There are many steps included, and again, if you do not follow them, you lose your privilege to drive. It doesn't matter if she went to a real traffic school or an online one, somewhere along the line she missed a step and her license was suspended. The error in paperwork explained to you over the phone was the error on her part in which she missed something and thereby suffered the consequences. None of us know, we weren't there, but the facts are pretty clear.

[Ckypros]

But the fact, that nothing was required to reinstate her license besides a reinstatement fee were required seems like an admission of guilt on the part of the state. Should there have been something she failed to complete, the state would have required that in addition as it would be a necessary step.

What was required of her was for her to pay the fine, and pay and attend traffic school. Both of which she accomplished on time.

Also, there is no assumption needed by the state that this individual operates a motor vehicle. She was cited by the above violation and has several cars registered with the state. Also, the only explanation was provided was paperwork didn't filed properly. And, it seems from the above response that further information can not be requested with no way to appeal the states decision to wrongfully suspend her license.

I personally feel the state should be required to notify drivers should their license be suspended. It is also by a LEOs admission that the DMV fails to correctly and timely file proper paperwork which seems to be the primary issue here. Obviously everything on her part was done correctly or that would be required of her before the license could be reinstated.

I see this forum as a way for me to express myself as a member of the community to LEOs to let them know how the members of the community feel about some of their procedures, and hopefully some understanding of my concerns can be had.

[Samuel]

But the fact, that nothing was required to reinstate her license besides a reinstatement fee were required seems like an admission of guilt on the part of the state. Should there have been something she failed to complete, the state would have required that in addition as it would be a necessary step.

What was required of her was for her to pay the fine, and pay and attend traffic school. Both of which she accomplished on time.

Also, there is no assumption needed by the state that this individual operates a motor vehicle. She was cited by the above violation and has several cars registered with the state. Also, the only explanation was provided was paperwork didn't filed properly. And, it seems from the above response that further information can not be requested with no way to appeal the states decision to wrongfully suspend her license.

I personally feel the state should be required to notify drivers should their license be suspended. It is also by a LEOs admission that the DMV fails to correctly and timely file proper paperwork which seems to be the primary issue here. Obviously everything on her part was done correctly or that would be required of her before the license could be reinstated.

I see this forum as a way for me to express myself as a member of the community to LEOs to let them know how the members of the community feel about some of their procedures, and hopefully some understanding of my concerns can be had.

DMV procedure(s), insurance company policy(ies), and Individual responsibilities, NOT LE RELATED - go whine to the DMVs and/or your insurance company...

[Sgt. Slaughter]

You can say people take alternative means of transportation, but you can not however deny that it safe to assume a person over the age of 17 operates a motor vehicle.
Bloviate all you want, but a huge majority of those I see on buses, bikes and the light rail are adults. While I'm sure more people drive than take public transport, YOU cannot deny the amount of people who, for whatever reason, do not drive. I guess it's a moot point anyway since it has nothing to do with your girl's court case.
Also, she had performed the standards of the states standards regarding this matter. She paid the fine and went to traffic school, a real one, not a online one.
This is completely a guess on my part, but she may have completed the course before the deadline, but too close to that deadline to allow the school time to notify the court of her compliance. Most of the citations and traffic schools admonish drivers that enough lead time has to be given before the final due date or it may not get reported in time. IF that is the case with her, that's her fault alone.

It seems to me that the issues is actually with the DMV regarding this matter as the license was suspended due to some error in paperwork was the explanation provided over the phone, but no paperwork corrections were required to reinstate her license, just the reinstatement fee. Should there have been an issue where she didn't do something correctly, it would make sense that the missing step would be required before the license could be reinstated.
Most license reinstatements do not involve anything more than the fee after the suspension is lifted. Sometimes a court needs to contact MVD to cancel the suspension, sometimes the suspension just runs its course.

But the fact, that nothing was required to reinstate her license besides a reinstatement fee were required seems like an admission of guilt on the part of the state. Should there have been something she failed to complete, the state would have required that in addition as it would be a necessary step.
Nice try. Read about the system and how it works before interjecting your own opinion. No "admission of guilt" whatsoever.

What was required of her was for her to pay the fine, and pay and attend traffic school. Both of which she accomplished on time.

Also, there is no assumption needed by the state that this individual operates a motor vehicle. She was cited by the above violation and has several cars registered with the state. Also, the only explanation was provided was paperwork didn't filed properly. And, it seems from the above response that further information can not be requested with no way to appeal the states decision to wrongfully suspend her license.

I personally feel the state should be required to notify drivers should their license be suspended. It is also by a LEOs admission that the DMV fails to correctly and timely file proper paperwork which seems to be the primary issue here. Obviously everything on her part was done correctly or that would be required of her before the license could be reinstated.

I see this forum as a way for me to express myself as a member of the community to LEOs to let them know how the members of the community feel about some of their procedures, and hopefully some understanding of my concerns can be had.
It's not an LE procedure. Ergo, we don't care about your concerns. Well, Samuel and I don't anyway.