Articles Tagged with 4th Amendment

The Firm recently prevailed in defense litigation on a case involving a driving on suspended/revoked driver's license violation. Through its case investigation, the defense discovered a violation of the defendant's Fourth Amendment Rights (unlawful seizure of evidence) and moved for a suppression of this evidence. The Fourth Amendment to the United States Constitution provides that persons shall be secure from unreasonable searches and seizures, and in this case the defense was able to successfully argue that the client's constitutional rights had been violated. The State subsequently dismissed the case.

The Firm represents individuals in all types of criminal proceedings throughout the greater Phoenix area, including cases involving driving on a suspended or revoked driver's license. There are a variety of reasons why a person's driver's license may be suspended or revoked (according to the AZ Department of Motor Vehicles), which can include:

• Refusal to submit to a field sobriety test or other test to detect a person driving while under the influence of alcohol or drugs.
• Driving while under the influence of alcohol or drugs.
• Failure to pay civil penalties for traffic violations, moving violations, or speeding tickets.
• Being at fault in an accident that causes serious injury or death to another person.
• Reckless driving.
• Violating traffic laws so often that the state considers you to have "disrespect for traffic laws and a disregard for the safety of other persons."
• Using a driver's license illegally.

Suspensions resulting from these types of offenses can last from months to years and depend upon the severity of the situation. Once a person has lost his/her driving privileges, it is considered a crime to drive until the license has been reinstated. According to the Arizona Revised Statutes, § 28-3473 (A) "Except as otherwise provided in this subsection, a person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor. If the suspension is pursuant to section 28-1601 and the person presents to the court evidence that the person's privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended driver license."