Would I qualify for a hardship license if I had a DUI as a minor?
Full Question:
Am I elgible for a Hardship License/Permit if I have a DUI w/ a Minor? I have a prior DUI before this but it has been more than 5 yrs.
04/22/2009 |
Category: Drivers Lice... » Drivers Hard... |
State: Arizona |
#16087
Answer:
AZ statutes limited driving privileges for eligible DUI offenders to travel between the person's place of employment and residence and during specified periods of time while at employment, to travel between the person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule, to travel between the person's place of residence and the office of the person's probation officer for scheduled appointments or to travel between the person's place of residence and a screening, education or treatment facility for scheduled appointments if the person:
1. Did not cause a death or a serious physical injury as defined in
section 13-105 to another person during the course of conduct out of which
the current action arose.
2. Has not been convicted of a violation of section 4-244, paragraph 33,
section 28-1381, section 28-1382 or section 28-1383 within eighty-four
months of the date of commission of the acts out of which the current
action arose. The dates of commission of the acts are the determining
factor in applying the eighty-four month provision.
3. Has not had the person's privilege to drive suspended pursuant to this
section or section 28-1321 within eighty-four months of the date of
commission of the acts out of which the current action arose.
4. Provides satisfactory evidence to the department of the person's
completion of alcohol or other drug screening that is ordered by the
department. If the person does not complete alcohol or other drug
screening, the department may impose a ninety day suspension pursuant to
this section.
The following are Arizona statutes:
28-1385. Administrative license suspension for driving under the influence
or for homicide or assault involving a motor vehicle; report; hearing;
summary review; ignition interlock device requirement
A. A law enforcement officer shall forward to the department a certified
report as prescribed in subsection B of this section, subject to the
penalty for perjury prescribed by section 28-1561, if both of the following
occur:
1. The officer arrests a person for a violation of section 4-244,
paragraph 33, section 28-1381, section 28-1382 or section 28-1383 or for a
violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a
motor vehicle.
2. The person submits to a blood or breath alcohol test permitted by
section 28-1321 or any other law or a sample of blood is obtained pursuant
to section 28-1388 and the results are either not available or the results
indicate either of the following:
(a) 0.08 or more alcohol concentration in the person's blood or breath.
(b) 0.04 or more alcohol concentration in the person's blood or breath if
the person was driving or in actual physical control of a commercial motor
vehicle.
B. The officer shall make the certified report required by subsection A
of this section on forms supplied or approved by the department. The report
shall state information that is relevant to the enforcement action,
including:
1. Information that adequately identifies the arrested person.
2. A statement of the officer's grounds for belief that the person was
driving or in actual physical control of a motor vehicle in violation of
section 4-244, paragraph 33, section 28-1381, section 28-1382 or
section 28-1383 or committed a violation of title 13, chapter 11 or section 13-1201
or 13-1204 involving a motor vehicle.
3. A statement that the person was arrested for a violation of
section 4-244, paragraph 33, section 28-1381, section 28-1382 or section 28-1383
or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204
involving a motor vehicle.
4. A report of the results of the blood or breath alcohol test that was
administered, if the results are available.
C. The officer shall also serve an order of suspension on the person on
behalf of the department. The order of suspension:
1. Is effective fifteen days after the date it is served.
2. Shall require the immediate surrender of any license or permit to
drive that is issued by this state and that is in the possession or control
of the person.
3. Shall contain information concerning the right to a summary review and
hearing, including information concerning the hearing as required by
section 28-1321, subsections G and H.
4. Shall be accompanied by printed forms ready to mail to the department
that the person may fill out and sign to indicate the person's desire for a
hearing.
5. Shall be entered on the department's records on receipt of the report
by the officer and a copy of the order of suspension.
6. Shall inform the person that the person's driving privilege, license,
permit, right to apply for a license or permit or nonresident operating
privilege may be issued or reinstated following the period of suspension
only if the person completes alcohol or other drug screening.
7. Shall contain information on alcohol or other drug education and
treatment programs that are provided by a facility approved by the
department of health services.
D. If the blood alcohol concentration test result is unavailable at the
time the test is administered, the result shall be forwarded to the
department before the hearing held pursuant to this section in a form
prescribed by the director.
E. If the license or permit is not surrendered pursuant to subsection C
of this section, the officer shall state the reason for the nonsurrender.
If a valid license or permit is surrendered, the officer shall issue a
temporary driving permit that is valid for fifteen days. The officer shall
forward a copy of the completed order of suspension, a copy of any
completed temporary permit and any driver license or permit taken into
possession under this section to the department within five days after the
issuance of the order of suspension along with the report.
F. The department shall suspend the affected person's license or permit
to drive or right to apply for a license or permit or any nonresident
operating privilege for not less than ninety consecutive days from that
date. If the person is otherwise qualified, the department may reinstate
the person's driving privilege, license, permit, right to apply for a
license or permit or nonresident operating privilege following the period
of suspension only if the violator completes alcohol or other drug
screening.
G. Notwithstanding subsections A through F of this section, the
department shall suspend the driving privileges of the person described in
subsection A of this section for not less than thirty consecutive days and
shall restrict the driving privileges of the person for not less than sixty
consecutive additional days to travel between the person's place of
employment and residence and during specified periods of time while at
employment, to travel between the person's place of residence and the
person's secondary or postsecondary school, according to the person's
employment or educational schedule, to travel between the person's place of
residence and the office of the person's probation officer for scheduled
appointments or to travel between the person's place of residence and a
screening, education or treatment facility for scheduled appointments if
the person:
1. Did not cause a death or a serious physical injury as defined in
section 13-105 to another person during the course of conduct out of which
the current action arose.
2. Has not been convicted of a violation of section 4-244, paragraph 33,
section 28-1381, section 28-1382 or section 28-1383 within eighty-four
months of the date of commission of the acts out of which the current
action arose. The dates of commission of the acts are the determining
factor in applying the eighty-four month provision.
3. Has not had the person's privilege to drive suspended pursuant to this
section or section 28-1321 within eighty-four months of the date of
commission of the acts out of which the current action arose.
4. Provides satisfactory evidence to the department of the person's
completion of alcohol or other drug screening that is ordered by the
department. If the person does not complete alcohol or other drug
screening, the department may impose a ninety day suspension pursuant to
this section.
H. If the officer does not serve an order of suspension pursuant to
subsection C of this section and if the department does not receive the
report of the results of the blood or breath alcohol test pursuant to
subsection B, paragraph 4 of this section, but subsequently receives the
results and the results indicate 0.08 or more alcohol concentration in the
person's blood or breath, or a blood or breath alcohol concentration of
0.04 or more and the person was driving or in actual physical control of a
commercial motor vehicle, the department shall notify the person named in
the report in writing sent by mail that fifteen days after the date of
issuance of the notice the department will suspend the person's license or
permit, driving privilege or nonresident driving privilege. The notice
shall also state that the department will provide an opportunity for a
hearing and administrative review if the person requests a hearing or
review in writing and the request is received by the department within
fifteen days after the notice is sent.
I. A timely request for a hearing stays the suspension until a hearing
is held, except that the department shall not return any surrendered
license or permit to the person but may issue temporary permits to drive
that expire no later than when the department has made its final
decision. If the person is a resident without a license or permit or has
an expired license or permit, the department may allow the person to
apply for a restricted license or permit. If the department determines the
person is otherwise entitled to the restricted license or permit, the
department shall issue, but retain, the license or permit, subject to
this section. All hearings requested under this section shall be
conducted in the same manner and under the same conditions as provided in
section 28-3306.
J. For the purposes of this section, the scope of the hearing shall
include only the following issues:
1. Whether the officer had reasonable grounds to believe the person was
driving or was in actual physical control of a motor vehicle while under
the influence of intoxicating liquor.
2. Whether the person was placed under arrest for a violation of
section 4-244, paragraph 33, section 28-1381, section 28-1382 or
section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or
13-1204 involving a motor vehicle.
3. Whether a test was taken, the results of which indicated the alcohol
concentration in the person's blood or breath at the time the test was
administered of either:
(a) 0.08 or more.
(b) 0.04 or more if the person was driving or in actual physical control
of a commercial motor vehicle.
4. Whether the testing method used was valid and reliable.
5. Whether the test results were accurately evaluated.
K. The results of the blood or breath alcohol test shall be admitted on
establishing the requirements in section 28-1323 or 28-1326.
L. If the department determines at the hearing to suspend the affected
person's privilege to operate a motor vehicle, the suspension provided in
this section is effective fifteen days after giving written notice of the
suspension, except that the department may issue or extend a temporary
license that expires on the effective date of the suspension. If the person
is a resident without a license or permit or has an expired license or
permit to operate a motor vehicle in this state, the department shall deny
the issuance of a license or permit to the person for not less than ninety
consecutive days. The department may reinstate the person's driving
privilege, license, permit, right to apply for a license or permit or
nonresident operating privilege following the period of suspension only if
the violator completes alcohol or other drug screening.
M. A person may apply for a summary review of an order issued pursuant to
this section instead of a hearing at any time before the effective date of
the order. The person shall submit the application in writing to any
department driver license examining office together with any written
explanation as to why the department should not suspend the driving
privilege. The agent of the department receiving the notice shall issue to
the person an additional driving permit that expires twenty days from the
date the request is received. The department shall review all reports
submitted by the officer and any written explanation submitted by the
person and shall determine if the order of suspension should be sustained
or cancelled. The department shall not hold a hearing, and the review is
not subject to title 41, chapter 6. The department shall notify the person
of its decision before the temporary driving permit expires.
N. If the suspension or determination that there should be a denial of
issuance is not sustained after a hearing or review, the ruling is not
admissible in and does not have any effect on any civil or criminal court
proceeding.
O. If it has been determined under the procedures of this section that a
nonresident's privilege to operate a motor vehicle in this state has been
suspended, the department shall give information either in writing or by
electronic means of the action taken to the motor vehicle administrator of
the state of the person's residence and of any state in which the person
has a license.
28-3159. Restricted licenses
A. With good cause, the department may issue the following restricted
driver licenses:
1. A driver license with any of the following:
(a) Restrictions suitable to the licensee's driving ability for the type
of motor vehicle or special mechanical control devices required on a motor
vehicle that the licensee may operate.
(b) Restrictions suitable to the licensee's ability to drive a motor
vehicle in areas, at locations or on highways or during certain times.
(c) Other restrictions as the department determines appropriate to ensure
the safe operation of a motor vehicle by the licensee.
2. A class A, B or C driver license that restricts the driver from
operating:
(a) A commercial motor vehicle equipped with air brakes, if the applicant
either fails the air brake component of the knowledge examination or
performs the skills test in a vehicle that is not equipped with air brakes.
(b) A vehicle in interstate commerce, if the applicant is not subject to
49 Code of Federal Regulations part 391.
(c) A motor vehicle for the purposes of interstate commerce, if an
applicant for a class A, B or C license is at least eighteen years of age.
3. A class M license that restricts the driver from driving a vehicle
other than a motorcycle, motor driven cycle or moped with a maximum piston
displacement of one hundred cubic centimeters or less, if the applicant
performs the driving examination with a motorcycle, motor driven cycle or
moped with a maximum piston displacement of one hundred cubic centimeters
or less.
4. A special ignition interlock restricted driver license pursuant to
chapter 4, article 3.1 of this title.
B. The department may either issue a special restricted license or
display the restrictions on the usual driver license form.
28-3306. Discretionary license suspension or revocation; traffic survival
school; hearing
A. The department may suspend or revoke the license of a driver or
require a licensee to attend and successfully complete approved traffic
survival school training and educational sessions designed to improve the
safety and habits of drivers on a showing by department records or other
sufficient evidence that the licensee:
1. Has committed an offense for which mandatory revocation of the license
is required on conviction.
2. Has been involved as a driver in an accident resulting in the death or
personal injury of another or serious property damage.
3. Has been convicted of or adjudged to have violated traffic regulations
governing the movement of vehicles with such a frequency that it indicates
a disrespect for traffic laws and a disregard for the safety of other
persons on the highways.
4. Has been convicted of reckless driving as provided in section 28-693
or is a habitually reckless or negligent driver of a motor vehicle.
5. Is medically, psychologically or physically incapable of operating a
motor vehicle and, based on law enforcement, medical or other department
information, the continued operation of a motor vehicle by the licensee
would endanger the public health, safety and welfare.
6. Has committed or permitted an act involving an unlawful or fraudulent
use of the license.
7. Has committed an offense in another jurisdiction that if committed in
this state is grounds for suspension or revocation.
8. Has been convicted of a violation of section 28-1381 or 28-1382.
9. Has been convicted of a violation of section 28-1464.
B. On receipt of satisfactory evidence of a violation of a driver license
restriction, the department may suspend or revoke the driver license.
C. On suspending or revoking the license of a person or requiring a
licensee to attend and successfully complete approved traffic survival
school training and educational sessions designed to improve the safety and
habits of drivers pursuant to this section, the department shall notify the
licensee in writing immediately.
D. On the person's request, the department shall provide an opportunity
for a hearing on the action taken pursuant to this section as early as
practicable but not later than thirty days after receipt of the request.
The department shall hold the hearing in the county where the licensee
resides unless the law enforcement agency issuing the citation or affidavit
that authorizes the suspension or revocation requests at the time of
issuance that the hearing be held in the county where the violation
allegedly occurred.
E. If a hearing is held, the department or its duly authorized agent may
administer oaths, may issue subpoenas for the attendance of witnesses and
the production of relevant books and papers and may require a reexamination
of the licensee.
F. At the hearing, the department shall either rescind its order of
suspension or its order requiring the licensee to attend and successfully
complete approved traffic survival school training and educational sessions
or, if good cause exists, the department may uphold or extend the order,
revoke the license or make any order that is within its discretionary power
under this section and that is in the interest of public safety.
G. If a licensee receives notice requiring the licensee to attend and
successfully complete approved traffic survival school training and
educational sessions and the department receives information of
noncompliance with this order, the department may amend the order to
suspend or revoke the license.
H. A person whose driver license is suspended or revoked as provided in
subsection A, paragraph 5 of this section may submit a written request to
the department for an administrative hearing. The person shall submit the
request for a hearing within fifteen days after the department provides the
person with notice of suspension or revocation. On receipt of a proper
request for a hearing, the department shall provide the person with an
opportunity for a hearing in the county where the person resides within
thirty days after the department receives the request. The request for a
hearing does not stay a summary suspension issued by the department.
28-3308. Mandatory suspension; failure to appear
On notification that a person failed to appear as directed for a
scheduled court appearance after service of the complaint alleging a
violation of a provision of this title, the department shall suspend the
person's driver license or nonresident operating privilege until the person
appears, the fine or civil penalty is paid or a bond is forfeited.
28-3315. Period of suspension, revocation or disqualification; unlicensed
drivers
A. The department shall not suspend, revoke or disqualify a driver
license or privilege to drive a motor vehicle on the public highways for
more than one year from the date of a conviction or judgment, if any,
against a person for which this chapter makes revocation, suspension or
disqualification mandatory or from the date the notice is sent pursuant to
section 28-3318 if no conviction was involved, except as permitted under
subsection E of this section and sections 28-1383, 28-3312, 28-3319,
28-3320 and 28-3473.
B. A person whose license or privilege to drive a motor vehicle on the
public highways has been revoked may apply for a new license as provided by
law after the cause of the revocation is removed or after expiration of the
revocation period prescribed by law. After the department investigates an
applicant's driving record in this state or another state by examining
department records or other sufficient evidence to determine that all
withdrawal actions are complete, that the applicant has not committed any
traffic violations within twelve months preceding application and that all
other statutory requirements are satisfied, the department may issue a new
license.
C. The department shall not accept an application for reinstatement of a
driver license until after the twelve month period prescribed in
subsection B of this section has elapsed.
D. If the revocation is related to alcohol or other drugs, the person
shall provide the department with a current evaluation from a physician
licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist
licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor
as defined in section 28-3005 indicating that, in the opinion of the
physician, psychologist or counselor, the condition does not affect or
impair the person's ability to safely operate a motor vehicle. For the
purposes of reinstating a license or driving privilege pursuant to this
article, the department may rely on the opinion of a physician licensed
pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed
pursuant to title 32, chapter 19.1 or a substance abuse counselor as
defined in section 28-3005.
E. Notwithstanding subsections A and B of this section:
1. A person whose license or privilege to drive is revoked pursuant to
section 28-1383, subsection J or section 28-3304, subsection A, paragraph 1
or 12 is not entitled to have the person's license or privilege renewed or
restored for three years.
2. A person whose license or privilege to drive is revoked pursuant to
section 13-1209 is not entitled to have the person's license or privilege
renewed or restored for the period of time ordered by the court.
3. A person whose license, permit or privilege to drive is revoked
pursuant to section 28-661, subsection E is not entitled to have the
person's license, permit or privilege renewed or restored for five years.
4. A person whose license, permit or privilege to drive is revoked
pursuant to section 28-661, subsection F is not entitled to have the
person's license, permit or privilege renewed or restored for three years.
F. Except as provided in section 28-3473, if an unlicensed driver commits
an offense for which a driver license could be suspended, revoked or
disqualified, the department shall not accept the unlicensed driver's
application for a driver license for a period equal to the period of time
that applies to a driver with a license. If the offense is one for which a
driver license could be revoked, the department shall not accept the
unlicensed driver's application for a driver license unless it investigates
the character, habits and driving ability of the person and is satisfied
that it is safe to grant the privilege of driving a motor vehicle on the
public highways.
G. The expiration of a person's license during the period of time it is
under suspension, revocation or disqualification does not invalidate or
terminate the suspension, revocation or disqualification.
H. A person whose license or privilege to drive a motor vehicle on the
public highways has been suspended pursuant to section 28-3306, subsection
A, paragraph 5 or section 28-3314 may apply for a new license as provided
by law after the cause for suspension is removed or after expiration of
the suspension period prescribed by law if both of the following
conditions are met:
1. The department is satisfied, after reviewing the medical condition and
driving ability of the person, that it is safe to grant the person the
privilege of driving a motor vehicle on the public highways.
2. If the person has a medical condition related to alcohol or other
drugs, the person provides the department with a current evaluation form
from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a
psychologist licensed pursuant to title 32, chapter 19.1 or a substance
abuse counselor as defined in section 28-3005 indicating that, in the
opinion of the physician, psychologist or counselor, the condition does not
affect or impair the person's ability to operate a motor vehicle in a safe
manner.
28-3317. Appeal
A. Unless the cancellation or revocation is mandatory under this
chapter, a person who is denied a license or whose license is canceled,
suspended or revoked by the department may seek judicial review pursuant to
title 12, chapter 7, article 6, except that section 12-910, subsections A,
B, D and E do not apply.
B. The court shall expedite the disposition of appeals pursuant to this
section.
C. The court hearing and determination shall extend to all questions of
law and fact presented by the entire record before the court. The court
shall not hear new or additional evidence in support of or in opposition to
a finding, order, determination or decision of the department, except in
cases in which, in the discretion of the court, justice demands the
admission of new or additional evidence.
28-4072. Nonpayment of judgments; suspension; exceptions
A. On receipt of a certified copy of a judgment, the director shall
immediately suspend the license and registration and nonresident operating
privilege of a person against whom the judgment was rendered, except as
otherwise provided in this section and section 28-4075.
B. If the judgment creditor consents in writing on a form prescribed by
the director that the judgment debtor be allowed the license and
registration or the nonresident operating privilege and if the judgment
debtor furnishes proof of financial responsibility, the director may allow
the privileges from the date of the consent and thereafter until the
consent is revoked in writing, notwithstanding default in the payment of
the judgment or of any installments prescribed in section 28-4075.
C. A person whose license, registration or nonresident operating
privilege has been or is about to be suspended or shall become subject to
suspension under this article may be relieved from the effect of the
judgment as prescribed in this article by filing with the director all of
the following:
1. An affidavit stating that at the time of the accident on which the
judgment was rendered the affiant was insured, that the insurer is liable
to pay the judgment and the reason, if known, why the insurance company has
not paid the judgment.
2. The original or a certified copy of the policy of insurance, if
available.
3. Other documents required by the director to show that the loss, injury
or damage for which the judgment was rendered was covered by the policy of
insurance.
D. If the director is satisfied from the papers filed pursuant to
subsection C of this section that the insurer was authorized to issue the
policy of insurance at the time and place of issuing the policy and that
the insurer is liable to pay the judgment, at least to the extent and for
the amounts required in this chapter, the director:
1. Shall not suspend the license, registration or nonresident operating
privilege.
2. If the license, registration or nonresident operating privilege is
already suspended, shall reinstate the license, registration or nonresident
operating privilege.
28-4073. Suspension length; reinstatement; designated fund
A. The license, registration and nonresident operating privilege shall
remain suspended and the director shall not renew or issue a license or
registration in the name of the person, including a person not previously
licensed, until each judgment is satisfied in full or to the extent
provided by this chapter or unless the judgment creditor failed to renew
the judgment as provided in title 12, chapter 9, article 6 or the judgment
is otherwise legally unenforceable and the person gives proof of financial
responsibility subject to the exemptions stated in sections 28-4072 and
28-4075. If the judgment creditor fails to renew the judgment, the director
shall consider the judgment satisfied beginning on the date of its
expiration.
B. On receipt of an affidavit executed by a judgment debtor stating that
a diligent search to locate the judgment creditor has been made and
reciting with particularity the steps taken and that the judgment creditor
or the successor in interest could not be found for the purpose of
receiving payment of the judgment and on payment of the amount of the
judgment to the department in a fund designated for that purpose, the
director may reinstate the license, registration and nonresident operating
privilege of the judgment debtor. The director shall hold the monies in
trust for the purpose of satisfying the judgment. Monies deposited in the
fund revert to the state general fund five years from the date of the
deposit if not claimed by the judgment creditor.
C. Notwithstanding section 28-4088, a person whose license, registration
or nonresident operating privilege is reinstated shall maintain proof of
financial responsibility for two years after the judgment is satisfied.
28-4135. Motor vehicle financial responsibility requirement; civil
penalties
A. A motor vehicle that is operated on a highway in this state shall be
covered by one of the following:
1. A motor vehicle or automobile liability policy that provides limits
not less than those prescribed in section 28-4009.
2. An alternate method of coverage as provided in section 28-4076.
3. A certificate of self-insurance as prescribed in section 28-4007.
4. A policy that satisfies the financial responsibility requirements
prescribed in article 2 of this chapter.
B. A person operating a motor vehicle on a highway in this state shall
have evidence within the motor vehicle of current financial responsibility
applicable to the motor vehicle.
C. Failure to produce evidence of financial responsibility on the request
of a law enforcement officer investigating a motor vehicle accident or an
alleged violation of a motor vehicle law of this state or a traffic
ordinance of a city or town is a civil traffic violation that is punishable
as prescribed in this section.
D. A citation issued for violating subsection B or C of this section
shall be dismissed if the person to whom the citation was issued produces
evidence to the appropriate court officer on or before the date and time
specified on the citation for court appearance and in a manner specified
by the court, including the certification of evidence by mail, of either
of the following:
1. The financial responsibility requirements prescribed in this section
were met for the motor vehicle at the date and time the citation was
issued.
2. A motor vehicle or automobile liability policy that meets the
financial responsibility requirements of this state and that insured the
person and the motor vehicle the person was operating at the time the
person received the citation regardless of whether or not the motor vehicle
was named in the policy.
E. Except as provided in section 28-4137, a person who violates this
section is subject to a civil penalty as follows:
1. The court shall impose a minimum civil penalty of five hundred dollars
for the first violation and shall direct the department to suspend the
driver license of the person and the registration and license plates of the
motor vehicle involved for three months.
2. If a person violates this section a second time within a period of
thirty-six months, the court shall impose a minimum civil penalty of seven
hundred fifty dollars and shall direct the department to suspend the driver
license of the person and the registration and license plates of the motor
vehicle involved for six months.
3. If a person violates this section three or more times within a period
of thirty-six months, the court shall impose a minimum civil penalty of one
thousand dollars and shall direct the department to suspend the driver
license of the person and the registration and license plates of the motor
vehicle involved for one year.
28-4137. Mitigation; rules
A. If a person subject to the civil penalty under section 28-4135:
1. Presents proof to the court that the person has purchased a six month
policy of insurance that meets the requirements of section 28-4009, or that
the vehicle was covered by an insurance policy pursuant to section 28-4033,
subsection A, paragraph 2, subdivision (c) at the time the citation was
issued, the court may reduce or waive the amount of the penalty.
2. Has not purchased insurance at the time of the person's scheduled
court appearance but is willing to do so, the court may suspend the
imposition of the civil penalty for up to thirty days to allow the person
the opportunity to purchase the insurance.
B. The supreme court may adopt rules for the court as necessary to
implement this section.
28-4138. Charges of violations
A. A person may be charged for a violation of section 28-4135,
subsection A or B, or both. Only one penalty shall be imposed against a
person charged and found to have violated both sections arising out of the
same series of acts.
B. Suspensions imposed pursuant to section 28-4135 are in addition to any
suspensions that may be imposed by the department pursuant to this article.
C. In imposing a civil penalty arising out of the same series of acts for
which the department issued a suspension, the court may order a suspension
issued pursuant to section 28-4135 to run concurrently with any suspension
ordered by the department.
28-4139. License plate display violation; civil penalty; disposition
A. Display of a license plate on a motor vehicle if the registration or
license plate has been suspended pursuant to this article shall subject the
person involved to a civil penalty of not less than two hundred fifty
dollars.
B. The court shall impose the penalty pursuant to this section in
addition to any other penalties imposed pursuant to this article.
C. Suspended license plates shall be confiscated at the time of citation,
and all penalties imposed pursuant to this section shall be paid to the
general fund of the state agency or political subdivision of the citing
officer.
D. The department shall provide information on suspended license plates
to law enforcement agencies.
28-4141. Suspension of license, registration and license plates
A. On imposing a civil penalty for a violation of this article, the
court may, if the violation is the first violation within a thirty-six
month period, and shall, if the violation is a second or subsequent
violation within a thirty-six month period, order the surrender of the
person's driver license.
B. If a suspension is ordered, the court shall direct the department to
suspend the driver license of the person and the registration and license
plate of the motor vehicle involved for the time provided in section
28-4135.
C. If the person is a nonresident, the court shall direct the department
to suspend the nonresident operating privilege of the person and notify the
official in charge of issuance of driver licenses in the state where the
nonresident resides of the suspension of the person's nonresident operating
privilege.
D. Registration and license plates that have been suspended on imposition
of a civil penalty for a violation of this article:
1. Remain suspended for the period for which the suspension was issued.
2. On completion of the suspension period, remain suspended until the
registered owner both:
(a) Provides proof of financial responsibility pursuant to article 3 of
this chapter for the owner's motor vehicle to the department.
(b) Pays a fee of twenty-five dollars to the department.
E. A person's driver license that has been suspended on imposition of a
civil penalty for a violation of this article:
1. Remains suspended for the period for which the suspension was issued.
2. On completion of the suspension period, remains suspended until the
person both:
(a) Provides proof of financial responsibility pursuant to article 3 of
this chapter to the department.
(b) Pays a ten dollar fee to the department.
F. A person whose driver license, motor vehicle registration or
nonresident driving privilege is suspended pursuant to a civil penalty for
a violation of this article is not entitled to a hearing on the suspension
before the department but is entitled to a hearing for a restricted license
as provided in section 28-4145.
28-4145. Restricted license and registration; rules
A. A person whose driver license, registration and license plate have
been suspended pursuant to section 28-4143 or 28-4144 may apply to the
department for a restricted license and registration. The license and
registration are restricted to travel during the course of employment or
between the person's place of employment and residence and their use is
limited to specified periods of the day or night according to the person's
employment schedule. The director shall prescribe by rule the criteria
necessary for issuing a restricted license and registration. The department
shall not grant an application for a restricted license and registration
until the person meets the requirements of section 28-4144, subsection C.
B. Notwithstanding section 28-4141, a person whose driver license,
vehicle registration and license plate have been suspended on imposition of
a civil penalty for a violation of this article or have been suspended by
the department may apply to the department for a restricted license and
registration. The license and registration are restricted to travel during
the course of employment, between the person's place of employment and
residence or between the person's place of residence and school, and are
limited in use to specified periods of the day or night according to the
requirements of the person's employment or school schedule. The department
shall not grant the application for a restricted license and registration
until the applicant files and maintains proof of financial responsibility
with the department.