Brown & Little, P.L.C. » Entries tagged with "MVD"
Thanks for the Heads-Up!
Yesterday morning, I was supposed to have an MVD hearing. An issue came up with my client being able to attend, however, so I faxed in a motion to continue. I called the MVD and confirmed they received it. It was somewhat last minute, but they had plenty of time to make a decision. Although they surely could have, the MVD didn’t bother calling me Wednesday to let me know what was going to happen with yesterday’s hearing. Instead, they left me a voice message at my office well before business hours yesterday morning in a voice mailbox for an extension that I’m not even sure how they reached. The message said the motion was denied and the hearing was going to proceed as scheduled. I ended … Read entire article »
Filed under: MVD Hearings
The Inner Workings of Arizona’s Motor Vehicle Division
Considering how Arizona is pretty much designed and built around the automobile and how the MVD has a remarkable amount of power to alter and even strip residents of their so-called “privilege” to drive, you’d think that its policies and procedures would be transparent, consistent, and easy to understand. Surprise, surprise, you’d be wrong. The MVD works in truly mysterious ways. Let’s say, for example, that you’re a criminal defense lawyer and you want to know the effect of a certain type of conviction on a client’s driver’s license. Specifically, you’re trying to figure out the MVD consequences of a conviction for driving in violation of a license restriction, A.R.S. 28-3480. I am personally quite familiar with the charge, though I didn’t have to worry about the … Read entire article »
Filed under: MVD Hearings
Quit Enabling Them
I’m often disappointed with other defense lawyers, but I keep it to myself. Not this time. What I’ve been seeing over and over again in city and justice courts is just too embarrassing to tolerate. I’ve written before about prosecutors offering pleas that no defendant in his or her right mind should ever accept. I’ve also written before about Arizona’s DUI drug statute. I haven’t written about how defense lawyers are enabling and even encouraging prosecutors to offer worthless pleas to defendants in drug DUI cases. A plea should give a defendant some benefit. Otherwise, there’s little if any reason not to go to trial. Prosecutors seemed to know that before, as the standard offer for a first time drug DUI in many courts used to … Read entire article »
Filed under: DUI, Prosecutors
Can't Make Out Your VIN?
If your answer to that question is “yes,” there’s a chance your vehicle is going to become property of the State of Arizona at some point in the future. A.R.S. § 28-4594(A) provides that when the VIN of a vehicle or of a major component of a vehicle has been removed, defaced, altered or destroyed without the permission the Arizona Department of Transportation, the vehicle is contraband. If the state decides your vehicle is contraband, it can seize and destroy it. That might mean that every vehicle with a non-manufacturer or out-of-state VIN on any major component could be seized when driven or ridden through Arizona. When a new VIN is attached by another state to any major part of a recovered vehicle, that vehicle might be forever … Read entire article »
Filed under: Arizona Statutes
No Current Registration
When an officer stops you and requests to see your registration, there are a number of possible outcomes. If you give the officer your registration and everything checks out, you’re obviously okay. On the other hand, if you do not have proof of registration because the car is not registered, you will owe hundreds of dollars. If you don’t have your registration in the vehicle but it is registered, you will likely owe well over a hundred dollars even if you provide the court with proof of registration. Although I personally think it’s absurd to fine someone for not having proof of something an officer could easily look up, the law is at least logical. You were obligated by law to carry something in your vehicle, and … Read entire article »
Filed under: Arizona Statutes, Government Rants
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