A. The department shall provide written, electronic or digital notice to a person possessing a driver license, to an unlicensed driver or to a nonresident driver of the following:
1. A suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation of the license or privilege to operate a motor vehicle.
2. Required attendance at training and education sessions.
B. The department may include additional information in the written, electronic or digital notice developed in consultation with the director of the department of public safety as prescribed in section 28-1462 regarding certified ignition interlock devices.
C. The department shall send the notice by mail or electronically or digitally to the address provided to the department on the licensee's application or provided to the department pursuant to section 28-448. If an address has not been provided to the department as provided in this subsection, the department shall send the notice to any address known to the department, including the address listed on a traffic citation received by the department.
D. Service of the notice provided by this section is complete on mailing. The department shall provide further service of notice only if the department is notified of a change of address pursuant to section 28-448.
E. Compliance with the mailing provisions of this section constitutes notice of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation for purposes of prosecution under section 28-1383, 28-1464 or 28-3473. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation.
F. Compliance with the mailing provisions of this section constitutes notice of suspension or restriction for the purposes of suspension or restriction under section 28-3320. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension or restriction.
G. For the purposes of this section:
1. "Certified ignition interlock device" has the same meaning prescribed in section 28-1301.
2. "Mail" or "mailing" means delivery by first class or certified mail or through a department electronic or digital system.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 2003–2022 · leading case:
State v. Gonzales, 80 P.3d 276 (Ariz. Ct. App. 2003).
State v. Gonzales, 80 P.3d 276 (Ariz. Ct. App. 2003).
· cites it 19× “The topic of disqualification of commercial drivers’ licenses is handled in A.”
State v. Cifelli, 155 P.3d 363 (Ariz. Ct. App. 2007).
· cites it 7× “¶ 17 No Arizona case has addressed whether the “should have known” mens rea element for an aggravated DUI can be satisfied by evidence that the Department served notice of the suspension in compliance with § 28-3318 by mailing the notice to a licensee’s address of record coupled…”
Way v. State, 67 P.3d 1232 (Ariz. Ct. App. 2003).
· cites it 2× “the [DOT] shall notify the licensee in writing,” and with A.R.S. § 28-3318(A)(l), which states DOT “shall provide written notice to a person possessing a driver license .”
State v. Yazzie, 307 P.3d 1042 (Ariz. Ct. App. 2013).
· cites it 2× “¶ 12 Additionally, although jurors were instructed on the presumptions created by AR.S. § 28-3318 (presumed notice of a properly mailed license suspension), they were also advised that they were “free to accept or reject” those presumptions.”
State v. Gleba (Ariz. Ct. App. 2016).
· cites it 5× “§ 28-448(A)(2) (requiring licensees, including persons with a license that is “suspended, revoked, or canceled,” to “notify the department within ten days” of any change in address); A.R.S. § 28-3318(C)). Service of the notice is “complete on mailing.”
State v. Romero (Ariz. Ct. App. 2017).
· cites it 2× “Finally, should “the defendant commit[] an additional offense or violate[] a condition [of probation], [the court] may revoke probation in accordance with the rules of criminal procedure at any time before the expiration or termination of the period of probation.”
State v. Montoya (Ariz. Ct. App. 2015).
· cites it 2× “Regarding the second prong, service mailed from the MVD is considered sufficient to provide notice of suspension under A.R.S. § 28-3318. See also State v. Cifelli, 214 Ariz.”
State v. Martinez-Tapia (Ariz. Ct. App. 2022).
“”) § 28-3318. ¶7 The State charged Martinez-Tapia with two counts of aggravated DUI.”
— Ariz. Rev. Stat. § 28-3318(0) — 1 case
State v. Cifelli, 155 P.3d 363 (Ariz. Ct. App. 2007).
“¶ 17 No Arizona case has addressed whether the “should have known” mens rea element for an aggravated DUI can be satisfied by evidence that the Department served notice of the suspension in compliance with § 28-3318 by mailing the notice to a licensee’s address of record coupled…”
— Ariz. Rev. Stat. § 28-3318(A) — 1 case
State v. Cifelli, 155 P.3d 363 (Ariz. Ct. App. 2007).
“¶ 17 No Arizona case has addressed whether the “should have known” mens rea element for an aggravated DUI can be satisfied by evidence that the Department served notice of the suspension in compliance with § 28-3318 by mailing the notice to a licensee’s address of record coupled…”
— Ariz. Rev. Stat. § 28-3318(A)(l) — 2 cases
Way v. State, 67 P.3d 1232 (Ariz. Ct. App. 2003).
“the [DOT] shall notify the licensee in writing,” and with A.R.S. § 28-3318(A)(l), which states DOT “shall provide written notice to a person possessing a driver license .”
State v. Gonzales, 80 P.3d 276 (Ariz. Ct. App. 2003).
“The topic of disqualification of commercial drivers’ licenses is handled in A.”
— Ariz. Rev. Stat. § 28-3318(C) — 2 cases
State v. Gonzales, 80 P.3d 276 (Ariz. Ct. App. 2003).
“The topic of disqualification of commercial drivers’ licenses is handled in A.”
State v. Gleba (Ariz. Ct. App. 2016).
“§ 28-448(A)(2) (requiring licensees, including persons with a license that is “suspended, revoked, or canceled,” to “notify the department within ten days” of any change in address); A.R.S. § 28-3318(C)). Service of the notice is “complete on mailing.”
— Ariz. Rev. Stat. § 28-3318(D) — 4 cases
State v. Gonzales, 80 P.3d 276 (Ariz. Ct. App. 2003).
“The topic of disqualification of commercial drivers’ licenses is handled in A.”
State v. Cifelli, 155 P.3d 363 (Ariz. Ct. App. 2007).
“¶ 17 No Arizona case has addressed whether the “should have known” mens rea element for an aggravated DUI can be satisfied by evidence that the Department served notice of the suspension in compliance with § 28-3318 by mailing the notice to a licensee’s address of record coupled…”
State v. Gleba (Ariz. Ct. App. 2016).
“§ 28-448(A)(2) (requiring licensees, including persons with a license that is “suspended, revoked, or canceled,” to “notify the department within ten days” of any change in address); A.R.S. § 28-3318(C)). Service of the notice is “complete on mailing.”
State v. Romero (Ariz. Ct. App. 2017).
“Finally, should “the defendant commit[] an additional offense or violate[] a condition [of probation], [the court] may revoke probation in accordance with the rules of criminal procedure at any time before the expiration or termination of the period of probation.”
— Ariz. Rev. Stat. § 28-3318(E) — 2 cases
State v. Cifelli, 155 P.3d 363 (Ariz. Ct. App. 2007).
“¶ 17 No Arizona case has addressed whether the “should have known” mens rea element for an aggravated DUI can be satisfied by evidence that the Department served notice of the suspension in compliance with § 28-3318 by mailing the notice to a licensee’s address of record coupled…”
State v. Gleba (Ariz. Ct. App. 2016).
“§ 28-448(A)(2) (requiring licensees, including persons with a license that is “suspended, revoked, or canceled,” to “notify the department within ten days” of any change in address); A.R.S. § 28-3318(C)). Service of the notice is “complete on mailing.”
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