I received a Driving Without Insurance suspension, what do I do?
The following is important information for you to know if you have received a driver license and/or registration suspension for driving without insurance pursuant to ARS § 28-4135A, 28-4135B or 28-4135C.
Effective September 30, 2009, Arizona Revised Statute (A.R.S.) § 28-4135 requires the Motor Vehicle Division (MVD) to administratively suspend the driver license and registration of any person convicted of a violation of A.R.S.§ 28-4135 (A), (B) and (C) upon receipt of the abstract of the record of judgment. The monetary penalties associated with the violations of the above referenced statute remain the same and are:
- $938 + surcharges and court fees, for a first offense
- $1383 + surcharges and court fees, for a second offense
- $1828 + surcharges and court fees, for a third offense
Effective September 30, 2009, the statute also allows the court to reduce or waive the penalty imposed for a violation of A.R.S. § 28-4135 if the person provides proof of both the following items:
- The defendant (driver) has not been found responsible of a violation of A.R.S. § 28-4135 within the past 24 months OR has not had more than one violation of A.R.S. § 28-4135 within the past 36 months as evidenced by the person's driving record.
- The defendant has purchased a six month policy of insurance that meets the requirements of A.R.S. § 28-4009.
The statue allows the courts to:
- waive the monetary penalty
- waive only the driver license suspension
- waive only the registration suspension
- waive both the driver license suspension and the monetary penalty
- waive both the dirver license suspension and registration suspension
- impose a lower monetary penalty, or
- any combination of the items listed here
Upon receipt of the record of judgment, MVD is responsible for entering a suspension of the defendant's driver's license and/or registration/plates in their system. In order to ensure that the defendant is in compliance with the suspension and to receive timely notification from MVD, the defendant must ensure that MVD has their most current address.
The suspension of the defendant's driver's license/registration/plates is not effective until MVD mails the Corrective Action Notice to the address of record. Service of the notice is considered complete upon the mailing of the Corrective Action Notice. The Corrective Action Notice will provide information of the effective date for the suspension and reinstatement requirements (e.g., fees, SR22, proof of insurance, etc.).
Defendants may be eligible for a MVD issued restricted license if they obtain a SR22, proof of insurance and they comply with the additional criteria established by the MVD.
To determine eligibility and for any other questions regarding suspension, defendants should contact MVD at:
TTD Systems Only: Phoenix (602) 712-3222 | Elsewhere in Arizona 1-800-251-5866