Arizona Traffic Tickets Questions & Answers
Q: What can I do if I have a failure to appear on a driving on suspended in Arizona but no longer live in that state
Zachary Divelbiss' answer
Hire a lawyer and we can go to court for you and allow you to complete the suspended license case without you having to come back to Arizona. Make sure you let the lawyer know the situation so you don't end up overpaying. Give us a call or email if needed 480-935-6545 or zach@divellaw.com
Hire a lawyer and we can go to court for you and allow you to complete the suspended license case without you having to come back to Arizona. Make sure you let the lawyer know the situation so you don't end up overpaying. Give us a call or email if needed 480-935-6545 or zach@divellaw.com
Q: Why does the law state that you cannot take defensive driving if you hold A CDL in the state of Arizona
Zachary Divelbiss' answer
Those who hold a CDL are held to a higher standard and thus will not be allowed to attend defensive driving school. It is a law that was passed and is still in effect. Additionally, MVD may take corrective action against you and your CDL for even some of the most minor driving infractions. If your CDL is at risk of being suspended then you should fight your traffic case through court and the suspension through the MVD hearing process.
Those who hold a CDL are held to a higher standard and thus will not be allowed to attend defensive driving school. It is a law that was passed and is still in effect. Additionally, MVD may take corrective action against you and your CDL for even some of the most minor driving infractions. If your CDL is at risk of being suspended then you should fight your traffic case through court and the suspension through the MVD hearing process.
Q: Confused - is it okay to use your cellphone when driving - I see yes, but then I see some cities ban it?
Zachary Divelbiss' answer
Correct, Arizona used to completely allow cell phone use while driving. Now, certain cities have created their own laws that prohibit it. A violation will result in a civil fine. In addition, there have also been laws about the age of the driver (under 18) and their ability to use their phone in the car. Be sure to check where you live and common places where you drive for the most update to day laws regarding cell phone use.
Correct, Arizona used to completely allow cell phone use while driving. Now, certain cities have created their own laws that prohibit it. A violation will result in a civil fine. In addition, there have also been laws about the age of the driver (under 18) and their ability to use their phone in the car. Be sure to check where you live and common places where you drive for the most update to day laws regarding cell phone use.
Q: Wreck no driver license. Given paper todo ddc. There was no complaint number on ticket.
Zachary Divelbiss' answer
There should be some type of case number on your ticket, usually at the very top. If not, you will need to contact the court where the ticket was issued. The court information should also be on the ticket. The court will be able to give you the case number if you well them your name and date of birth. Then you can complete DDS.
There should be some type of case number on your ticket, usually at the very top. If not, you will need to contact the court where the ticket was issued. The court information should also be on the ticket. The court will be able to give you the case number if you well them your name and date of birth. Then you can complete DDS.
Q: If I bailed out yesterday for a misdemeanor and was supposed to go within 10 business days
1 Answer
| Asked
in
Civil Litigation, Criminal Law and Traffic Tickets
for
Arizona
on
Answered on Sep 14, 2018
Answered on Sep 14, 2018
Zachary Divelbiss' answer
I would like to help you out but it seems your question was cut off. Please contact us directly so we can discuss this more (free). Zach@Divellaw.com or 480-935-6545
I would like to help you out but it seems your question was cut off. Please contact us directly so we can discuss this more (free). Zach@Divellaw.com or 480-935-6545
Q: I received a citation for open containers. Passenger container but my vehicle.. how can I keep this off my
Zachary Divelbiss' answer
Your best option is to hire a lawyer who can help you with the charge and get it reduced or dismissed. There isn't exactly a "hide" option in court. Feel free to contact us before your next court date so we can help you zach@divellaw.com or 480-935-6545.
Your best option is to hire a lawyer who can help you with the charge and get it reduced or dismissed. There isn't exactly a "hide" option in court. Feel free to contact us before your next court date so we can help you zach@divellaw.com or 480-935-6545.
Q: my brother was driving my car and got a ticket, he did not have the insurance with him so what will happen in the court?
Zachary Divelbiss' answer
At the next court date, he will need to bring proof of insurance with him. The court will either drop the charge or reduce the fine. This is a frequent issue and courts are pretty lenient.
At the next court date, he will need to bring proof of insurance with him. The court will either drop the charge or reduce the fine. This is a frequent issue and courts are pretty lenient.
Q: Is there any way to get a ticket in AZ from 2013dismissed, so long after, depending on circumstances?
Zachary Divelbiss' answer
The quick answer is any ticket can be dismissed with the right circumstances. You should contact an attorney for a consultation to discuss your particular circumstances and likelihood of success. You should also be concerned about the fines that have been collecting since 2013 and I presume your license has also been suspended since then if you didn't resolve this matter back in 2013. We handle these type of matters and can help you.
The quick answer is any ticket can be dismissed with the right circumstances. You should contact an attorney for a consultation to discuss your particular circumstances and likelihood of success. You should also be concerned about the fines that have been collecting since 2013 and I presume your license has also been suspended since then if you didn't resolve this matter back in 2013. We handle these type of matters and can help you.
Q: I know I was illegally pulled over because of racial profiling. How do I fight back?
Kai Michael Henderson's answer
Generally speaking, it is extremely hard to fight racial profiling. Many people facing criminal charges want to use a civil rights violation as leverage against the State in a prosecution. This is unsuccessful in the vast majority of cases.
The best cases have the best evidence. If you recorded the encounter with the police yourself and the officer uttered racist epithets or admitted that he or she pulled you over based on race, you may have a good case. In the criminal, or traffic...
Generally speaking, it is extremely hard to fight racial profiling. Many people facing criminal charges want to use a civil rights violation as leverage against the State in a prosecution. This is unsuccessful in the vast majority of cases.
The best cases have the best evidence. If you recorded the encounter with the police yourself and the officer uttered racist epithets or admitted that he or she pulled you over based on race, you may have a good case. In the criminal, or traffic...
Q: How does this affect Lyft drivers with a lit Lyft Amp light while driving, or at a complete stop.
Zachary Divelbiss' answer
Hello, you should consider asking your question again with a few more specific details and then we can provide a more specific answer. Right now it is unclear what is at issue. Thanks
Hello, you should consider asking your question again with a few more specific details and then we can provide a more specific answer. Right now it is unclear what is at issue. Thanks
Q: With ars 28.701a. What pleas can be taken
Zachary Divelbiss' answer
Every case is different and without any more information we cannot tell you what an appropriate plea would be. I recommend you contact myself or another attorney for a free consultation to discuss your particular situation.
Most pleas typically reduce harsher traffic violations to the 28-701A violation since it is basically the lowest violation. If charged with 28-701A you may get a plea for defensive driving school if it is not currently available to you since it can only be taken...
Every case is different and without any more information we cannot tell you what an appropriate plea would be. I recommend you contact myself or another attorney for a free consultation to discuss your particular situation.
Most pleas typically reduce harsher traffic violations to the 28-701A violation since it is basically the lowest violation. If charged with 28-701A you may get a plea for defensive driving school if it is not currently available to you since it can only be taken...
Q: I got into my first accident but will attend driving school for it, do I need to attend the court date given?
Peter N. Munsing's answer
You may. Check with both the court and DA's office, notw who you spoke with, date time, etc.
You may. Check with both the court and DA's office, notw who you spoke with, date time, etc.
Q: I received a criminal speeding ticket, but have no prior record/tickets. Is it likely a judge won't convict me?
Ashelee Weeks' answer
It depends on the facts, namely your speed. You may be able to get Defensive Driving School.
It depends on the facts, namely your speed. You may be able to get Defensive Driving School.
Q: Hypothetically, could a person offset responsibility in a negligence case if they could prove they acted reasonably?
1 Answer
| Asked
in
Car Accidents, Insurance Defense, Personal Injury and Traffic Tickets
for
Arizona
on
Answered on Dec 4, 2017
Answered on Dec 4, 2017
Peter N. Munsing's answer
Not at all. First it would be inadmissible second it isn't what the case is about. You have a good argument to make if you couched it in terms of believing it was safe to do what you did. Depends on what --hypothetically--someone has been charged with.If you were hurt you may have a claim--hypothetically. Contact a member of AzTLA for the county where the wreck happened and as them.
Not at all. First it would be inadmissible second it isn't what the case is about. You have a good argument to make if you couched it in terms of believing it was safe to do what you did. Depends on what --hypothetically--someone has been charged with.If you were hurt you may have a claim--hypothetically. Contact a member of AzTLA for the county where the wreck happened and as them.
Q: who has right of way when there are two lanes turning left onto a freeway on ramp with green arrows
Peter N. Munsing's answer
A lot depends on who is where at what time. They shouldn't have two streams of traffic headed for the same area without a yields sign. With no sign see if your state has a law as to who yields to whom at an unsigned intersection. Suggest you ask your AAA office if they have a traffic safety person you can ask. Or ask the staties.
A lot depends on who is where at what time. They shouldn't have two streams of traffic headed for the same area without a yields sign. With no sign see if your state has a law as to who yields to whom at an unsigned intersection. Suggest you ask your AAA office if they have a traffic safety person you can ask. Or ask the staties.
Q: How do I obtain a copy of the actual traffic tickets issued to a driver who hit, killed, my sister and did not report.
1 Answer
| Asked
in
Traffic Tickets, Criminal Law and DUI / DWI
for
Arizona
on
Answered on Nov 14, 2017
Answered on Nov 14, 2017
Matthew Maerowitz's answer
You can make a public records request. If a crash report was drafted, it is usually available to the public upon request upon paying a small fee. Some jurisdictions allow you to get the crash report online if you know information related to the accident such as the incident number. You can typically find the information for the law enforcement records department online about how to get the report.
I am sorry for your loss.
You can make a public records request. If a crash report was drafted, it is usually available to the public upon request upon paying a small fee. Some jurisdictions allow you to get the crash report online if you know information related to the accident such as the incident number. You can typically find the information for the law enforcement records department online about how to get the report.
I am sorry for your loss.
Q: I got into my first accident and was cited for running a red light. What do I do now?
Peter N. Munsing's answer
See if there was an intersection camera.Act fast,request in person. If the light normally would go yellow you have a problem as you entered the intersection on a yellow. However worth a consult with an attorney. If you were hurt, contact a member of the Az Trial Lawyers Assn--they give free consults--as you may have an argument that you had "position" on the other driver.
See if there was an intersection camera.Act fast,request in person. If the light normally would go yellow you have a problem as you entered the intersection on a yellow. However worth a consult with an attorney. If you were hurt, contact a member of the Az Trial Lawyers Assn--they give free consults--as you may have an argument that you had "position" on the other driver.
Q: Does the Assured Clear Distance Ahead law apply to parked vehicles in Maricopa County Arizona?
Peter N. Munsing's answer
Not as far as I can see. Why try to nail the guy behind you? Go after the guy that rearended him--or better yet if you have collision use that and let them go after both.
Let's face if, if the hit is bad enough, if the other guy was 8 feet away from you you's still have been hit--happened to one of my clients.
Not as far as I can see. Why try to nail the guy behind you? Go after the guy that rearended him--or better yet if you have collision use that and let them go after both.
Let's face if, if the hit is bad enough, if the other guy was 8 feet away from you you's still have been hit--happened to one of my clients.
Q: I live in Az and was recently stopped illegally. After the stop the officer never cited me for the original made up
Matthew Maerowitz's answer
The standard for an officer to initiate a traffic stop is actually Reasonable Suspicion (not Probable Cause). Reasonable suspicion is a lower standard than probable cause. You really should consider hiring an attorney as we are very familiar with writing suppression motions. With reasonable suspicion don't get your hopes up on winning it. In practice, if an officer suspects any traffic violation at all, judges typically uphold the stop as legal.
Probable cause which is a slightly...
The standard for an officer to initiate a traffic stop is actually Reasonable Suspicion (not Probable Cause). Reasonable suspicion is a lower standard than probable cause. You really should consider hiring an attorney as we are very familiar with writing suppression motions. With reasonable suspicion don't get your hopes up on winning it. In practice, if an officer suspects any traffic violation at all, judges typically uphold the stop as legal.
Probable cause which is a slightly...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
