Legal Question in Criminal Law in Arizona

my husband got a ticket in pima county, az for not wearing corrective lens, even though he had on his prescribtion sunglasses. the problem is that we live in AL and it would be a hardship to get there. We have been calling them and get no response, if he pleads quilty what will happen. and if he pleas not quilty do we have to go back to az

Asked on 6/26/12, 12:26 pm

1 Answer from Attorneys

Carrie Spiller Law Office of Carrie M Spiller, PLLC

If your husband was cited under ARS 28-3480 (driving on license restriction), then he is facing a class 2 misdemeanor. Failure to appear in court on a criminal charge can result in the issuance of a license suspension and/or an arrest warrant, which could be reported to other states. Some courts permit what's called a "plea by mail" for defendants who reside out-of-state. You should contact the court in writing immediately to avoid any penalties for non-appearance.

As for penalties, if he pleads guilty, a conviction for the charge would result in a criminal record, likely a fine, and would be reported to the MVD. There could also be jail time, although that is not likely in this situation. The charge could be contested, but most courts require the defendant to appear in person for trial, unless the appearance is specifically waived or permitted telephonically, which usually requires an attorney to appear on his behalf,

You should consult an experienced criminal defense attorney for help in this situation to avoid a criminal conviction and MVD consequences. If you have further questions, feel free to contact me.

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Answered on 7/08/12, 7:12 am

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