The following language was added to the Driving on a Suspended Law effective on August 2, 2012: “If the suspension is pursuant to section 28-1601 (i.e., it is due to unpaid civil traffic fines) 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.”

What this means is that the Court can dismiss a driving on a suspended charge that occurred on or after August 2, 2012 if the defendant can establish that their suspension was due to unpaid civil traffic fines, that they paid the fines, and that their license has been reinstated. You would establish this by presenting your MVD record (or a letter from MVD) and a reinstated license to the Court. The Judge will review your documentation and make the decision whether to dismiss the charge. Even if your charge is not dismissed with the proof of a reinstated license, the Court may reduce the fine from $674.00 to $193.00.

Your Rights

Civil Traffic Defendants

• The right to have a civil traffic hearing before a justice of the peace.
• The right to be represented by counsel at the hearing. The court does not appoint attorneys for civil traffic violations, you would need to retain your own counsel.
• The right to question witnesses testifying against you and cross-examine them as to the truthfulness of their testimony.
• The right to present evidence on your behalf and the right to have subpoenas issued by the court at no cost to you to compel the attendance of witnesses.
• The right to appeal the outcome of the civil traffic hearing. For instructions on appeals go to Coconino County Law Library Website.

Criminal Traffic Defendants

• The right to a trial before a justice of the peace, and in some cases, before a jury.
• The right to be represented by an attorney at all stages of the case. In some cases if you are unable to pay for an attorney, the court may appoint an attorney for you. You will have to provide evidence that you are indigent or are unable to afford an attorney. You may be required to reimburse a portion of the attorney fees.
• The right to confront witnesses and cross-examine them as to the truthfulness of their testimony.
• The right to have subpoenas issued by the court at no cost to you to compel the attendance of witnesses.
• The right to remain silent and to be presumed innocent until proven guilty beyond a reasonable doubt.
• The right to appeal. There is no right to appeal a guilty plea. For instructions on appeals, go to the Coconino County Law Library.
• The right to appeal. There is no right to appeal a guilty plea. For instructions on appeals go to Coconino County Law Library Website.