28-3304. Mandatory revocation of license; definition
A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of any of the following offenses if the conviction is final:
1. A homicide or aggravated assault resulting from the operation of a motor vehicle.
2. A felony in the commission of which a motor vehicle is used.
3. Theft of a motor vehicle pursuant to section 13-1802.
4. Unlawful use of means of transportation pursuant to section 13-1803.
5. Theft of means of transportation pursuant to section 13-1814.
6. Drive by shooting pursuant to section 13-1209.
7. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.
8. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.
9. Conviction or forfeiture of bail not vacated on a second charge of violating section 28-1381 or 28-1382 within eighty-four months.
10. Conviction or forfeiture of bail not vacated on a third or subsequent charge of violating section 28-1381, 28-1382 or 28-1383 within eighty-four months.
11. Conviction or forfeiture of bail not vacated on a charge of violating section 28-1381 or 28-1382 and the driver has been convicted within a period of eighty-four months of an offense in another jurisdiction that if committed in this state would be a violation of section 28-1381 or 28-1382.
B. In determining the starting date for the eighty-four month period prescribed in subsection A, paragraphs 9, 10 and 11 of this section, the department shall use the date of the commission of the offense.
C. For the purposes of this section, "conviction" means a final adjudication or judgment, including an order of a juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.
Notes of Decisions
Parsons v. Arizona Dep't of Health Servs., 395 P.3d 709 (Ariz. Ct. App. 2017).
· cites it 2× “, A.R.S. §§ 28-3304 (mandating revocation of a driver’s license upon conviction of certain vehicle-related crimes), -3306 (allowing discretionary suspension or revocation of a driver’s license or requirement of traffic survival school if a licensee commits certain…”
State v. Barr, 175 P.3d 694 (Ariz. Ct. App. 2008).
· cites it 7× “§ 13-907 provides that a judgment that has been set aside may still be used as a conviction “in any subsequent prosecution of such person .”
State v. Sanchez, 97 P.3d 891 (Ariz. Ct. App. 2004).
· cites it 3× “The conviction is deemed to be a conviction for the purposes of §§ 28-3304, 28-3305, 28-3306 and 28-3320.”
In Re Martin M., 221 P.3d 1058 (Ariz. Ct. App. 2009).
· cites it 3× “See § 28-3304. It is noteworthy, therefore, that there is no companion statute to § 28-3320 instructing the courts to act.”
State v. Zaputil, 207 P.3d 678 (Ariz. Ct. App. 2008).
· cites it 2× “The department of transportation pursuant to § 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of…”
State v. Gonzales, 80 P.3d 276 (Ariz. Ct. App. 2003).
· cites it 2× “1989); see also A.R.S. § 28-3304 (mandatory revocation). Despite the fact that a hearing is not provided for a license cancellation, the cancellation of a license is without prejudice.”
In Re Casey G., 224 P.3d 1016 (Ariz. Ct. App. 2010).
· cites it 3× “] §§ 28-3304, 28-3306 and 28-3320, an order of the juvenile court in proceedings under this chapter shall not be deemed a conviction of *521 crime, impose any civil disabilities ordinarily resulting from a conviction or operate to disqualify the juvenile in any civil service…”
Russell v. Royal MacCabees Life Ins., 974 P.2d 443 (Ariz. Ct. App. 1998).
“have the judgment of guilt set aside____ If the [court] grants the application, the [court] shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other…”
In Re Anthony H., 994 P.2d 407 (Ariz. Ct. App. 1999).
“…or juvenile case in any court, whether before or after reaching majority, except as provided by § 13-2921.01 or §§ 28-3304, 28-3306 and 28-3320.”
State v. Avila-Lovato (Ariz. Ct. App. 2024).
· cites it 2× “See A.R.S. § 28-3304. Avila-Lovato timely appealed.”
State of Arizona v. Rene A. Sanchez (Ariz. Ct. App. 2004).
· cites it 3× “The conviction is deemed to be a conviction for the purposes of §§ 28-3304, 28-3305, 28-3306 and 28-3320.”
In Re Casey G. (Ariz. Ct. App. 2010).
· cites it 3× “] §§ 28-3304, 28-3306 and 28-3320, an order of the juvenile court in proceedings under this chapter shall not be deemed a conviction of crime, impose any civil disabilities ordinarily resulting from a conviction or operate to disqualify the juvenile in any civil service…”
— Ariz. Rev. Stat. § 28-3304(0) — 1 case
In Re Casey G., 224 P.3d 1016 (Ariz. Ct. App. 2010).
“] §§ 28-3304, 28-3306 and 28-3320, an order of the juvenile court in proceedings under this chapter shall not be deemed a conviction of *521 crime, impose any civil disabilities ordinarily resulting from a conviction or operate to disqualify the juvenile in any civil service…”
— Ariz. Rev. Stat. § 28-3304(C) — 2 cases
In Re Casey G., 224 P.3d 1016 (Ariz. Ct. App. 2010).
“] §§ 28-3304, 28-3306 and 28-3320, an order of the juvenile court in proceedings under this chapter shall not be deemed a conviction of *521 crime, impose any civil disabilities ordinarily resulting from a conviction or operate to disqualify the juvenile in any civil service…”
In Re Casey G. (Ariz. Ct. App. 2010).
“] §§ 28-3304, 28-3306 and 28-3320, an order of the juvenile court in proceedings under this chapter shall not be deemed a conviction of crime, impose any civil disabilities ordinarily resulting from a conviction or operate to disqualify the juvenile in any civil service…”
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