Can my license still be suspended if the ticket was never filed?
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Can my license still be suspended if the ticket was never filed?
I was in a parking lot about to get out of my truck when a highway patrolman pulled in behind me and started to question me. Long story short, he arrested me for DUI after blowing a .089. I show up to court only to find out that the ticket had never been filed so they let me leave and said there was up to a year for action to be taken against me in this matter. I had written a letter to the DMV stating why I didn’t think my license should be suspended and of course I received a letter back saying that my reasoning wasn’t good enough and they were going to suspend it for 30 days. Can they?
Asked on September 30, 2011 under Criminal Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The suspension of your driver's license by Arizona's Department of Motor Vehicles and the reasons for it arising out of your arrest is a completely different issue as to the allowance for you to leave the court due to the failure of law enforcement to file the citation as to you for the charge.
If your criminal arrest has not resulted in any filed charges against you, I would contest the suspension of your driving privileges. Many times people are charged with an offense but the charges are dismissed. Your state's department of motor vehicles does have the authority to suspend your driving privileges due to the arrest and the .089 blood alcohol level that you had.
Good luck.
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