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Arizona does have a mechanism to set aside convictions. If a conviction is set aside, it means that the judge undoes the conviciton and dismisses the charge. This changes how the violation is reported on a background check, but does not remove the charge from one’s record entirely.

Most law firms dabble in traffic tickets, but traffic tickets are our focus. We know traffic law inside and out, we know our way around the MVD, and we are well respected in the dozens of courts we frequent. Let our knowledge and experience work for you.

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Make note of the court date on your ticket. This is the arraignment date. It is usually a few weeks out, but sometimes much sooner. You (our your attorney) will need to take action with the court on or before that date. If you miss that court date, the court will note that you failed to appear, issue a bench warrant for your arrest, suspend your driving privileges, and may add a second criminal charge for failing to appear.

Out of service order violations are criminal violations. However, these violations also carry civil penalties (higher fines) and a conviction requires disqualification of the driver’s CDL. The criminal and civil penalties, as well as the period of CDL disqualification escalate for subsequent convictions:

For a second conviction, it is a class 1 misdemeanor instead of a class 2 misdemeanor. This carries the potential for higher fines and increased possibility of jail time. Additionally, a driver faces a 2 year CDL disqualification for a second conviction.

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Some prosecuting attorneys are willing to consider an arrangement wherein our client can plead to a reduced charge (perhaps with no CSA points) or a civil charge, or participate in diversion that results in the charge being dismissed. Generally speaking, prosecutors are not looking to cause a driver to lose their job. There are unfortunately exceptions to this (I’m looking at you Maricopa County). Some prosecutors incorrectly believe that negotiating on a ticket for a CDL holder implicates masking and therefore will not negotiate unless there is a solid legal argument.

For the vast majority of cases we see, the driver is facing a first-time our-of-service order violation. This means the driver is facing a class 2 misdemeanor, and the following possible consequences:

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There are also CSA points associated with violating an out of service order if that violation is reflected on a driver vehicle examination report.

1. To operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.

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A declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28-5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.

Is there a legal argument that the driver or motor carrier did not commit the alleged violation? Some possible arguments might include:

1. Shall not operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.

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If you hire an attorney, your attorney can often attend court without you. Some courts require that a defendant attend pretrial conferences, but this is the exception rather than the rule. We represent many clients from out-of-state who never return to Arizona or attend court in-person. If you decide to enter into a plea agreement, it is possible you will have to appear by phone once. If your case goes to trial, you will almost certainly need to attend the trial in person. You can discuss whether or not your presence is necessary with your attorney.

2. Who is subject to an out-of-service order shall not operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.

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Most courts will let you appear by telephone for court appearances other than a trial. Some courts may require you to make this request in writing, others not. If you live out of state, call the court and ask them about their policies regarding telephonic appearances. If you have an attorney, your attorney can take care of this. If your case ends up going to trial, you will need to come back to Arizona for the trial. If your case is resolved without going to trial, you probably won’t need to physically return to Arizona.

Arizona now has a process to seal criminal records, which goes a lot further than a set aside towards removing the conviction from one’s record.

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Can we take advantage of our client’s history, background and character to help negotiate an improved outcome? We present our clients in the best possible light working to negotiate an improved outcome. A prosecutor may take into consideration things like:

Probably, although this will depend on the policies of your specific employer. A conviction will result in the disqualifiction of a driver’s CDL for at least 180 days, so the driver will be unable to drive a commercial motor vehicle during that time. That may be a dealbreaker for an employer.

Do you want to handle this on your own, or do you want an attorney to do the heaving lifting? If you want an attorney, sooner is better than later. Most courts will only allow a case to go on for so long. If you delay on hiring an attorney, they may not have time to fully investigate your case.

For a third conviction, it is a class 6 felony. A felony conviction means a loss of voting rights, the loss of a right to possess a firearm, as well as higher fines and more jail time. A third conviction also results in a 3 year CDL disqualification.

2. Who is subject to an out-of-service order to operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.

Drivers and motor carriers can both receive tickets for violating OOS orders. If a driver continues to operate a vehicle, or a motor carrier requires a driver to continue operating a vehicle, without fixing the issue that caused the OOS order, someone is geting a ticket.

To expunge something means to make it dissappear entirely. Arizona only permits expungement in very limited circumstances. This is not one of those circumstances.

Maybe. We always advise our clients to consult with an immigration attorney to get a definitive answer to this question. Keep in mind though that a out of service order violation is not like assault, fraud, theft, burglary or any crime that involves a victim. Also, it does not involve alcohol, drugs or guns, all of which will create major problems for immigration.

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In other words, an ADOT officer or any law enforcement officer may order a driver, commercial motor vehicle, or carrier out of service.

The Arizona department of Transporation (ADOT), does not assess any points to a driver’s license (or Arizona record, if the driver’s license is from another state) for violating an out of service order. However, the driver’s CDL will be disqualified.