Legal Question in Traffic Law in Arizona

I've been charged with driving on suspended license. I had no knowlege of my license suspention because I dont reside at the address on my licese any more. they say notice was sent by the D.M.V six months ago. Do I have a case thats workable? I still have the same address on my licese, because that was my house for 30 years then I lost it in forcloser, and have just been staying here and there and in my car sinse then.


Asked on 5/16/11, 7:26 am

1 Answer from Attorneys

Craig Orent Orent Law Offices, PLC

I would need to learn more from you to assess if you truly have a viable defense. However, depending on those details, you might have a defensible case, or at least one that is triable. Generally speaking, the state must prove that you either knew or should have known your license was suspended. If the state established proper notice was sent to the address listed on your license, a rebuttable presumption arises that you had notice of the suspension. If you rebut the presumption (that is show that you in fact did not receive notice), then the state would independently have to prove you had notice or should have had notice. Feel free to contact me for further consultation if you don't already have a lawyer.

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Answered on 5/17/11, 2:37 pm


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