Traffic & Parking Violations

This section provides only general information regarding each topic listed below, and may change depending on the current law. If you have specific questions about traffic or parking violations, you are encouraged to make an appointment with the Student Legal Assistance attorney to address any concerns.

The ASU Student Legal Assistance Office is prepared to answer questions you have regarding traffic and parking violations, including:

  • What to do if you receive a parking or traffic violation.
  • What your rights are under the current law.
  • What your obligations are under the current law.
  • How to handle situations with the Motor Vehicle Division regarding license or registration.

To schedule an appointment to discuss these or other related issues, contact the ASU Student Legal Assistance office.

All Sections

A parking citation is a minor offense. Each city, as well as ASU, is authorized to govern parking within its borders.
If You Get a Parking Citation
  • Read the citation. It has important information such as the general due date for submitting the fine, where to send the fine, and how to challenge the citation.
  • Contact ASU Student Legal Assistance if you have any questions about whether you should pay the fine or appeal the citation, and what to expect if you decide to appeal.
If You Have Unpaid Parking Tickets
  • Park at your own risk. Parking officials have the authority to place a boot on your vehicle or tow it at your expense.
If you Park in a Space Reserved for Physically Disabled People
  • You must have either a valid placard or an international symbol of access special plates issued by Arizona or another state, and prominently display them in the appropriate places.
  • If you do not have a valid placard displayed or the appropriate plates on your car, you will be cited and possibly towed.
  • The fine for parking in a space reserved for physically disabled people is no less than $50. Other penalties may apply.
If Your Car is Towed
Towing regulations differ from city to city. The ASU Student Legal Assistance Office has copies of the towing ordinances for some local cities. If you have any questions about a particular city's towing ordinance or what to do if your car is towed, please make an appointment with the ASU Student Legal Assistance attorney.

Currently, Tempe towing ordinances provide the following:
  • The owner of a private parking area may not tow your car without your express permission unless specific signs which notify the public that the vehicle may be towed are prominently posted.
  • The tow company must notify the Police prior to towing.  The private parking area owner must provide police with the name and address of the car's owner (if known), the license plate number and vehicle description, the reason for towing the car, where the car was taken, and the name and address of the towing company.
  • The towing company must release the car upon request and proof of ownership.
  • A driver may prove ownership by producing one or more of the following: a working key, a driver's license or photo I.D. where the last name of the driver matches the last name of the person to whom the car is registered, or the vehicle's registration papers (which do not have to be current).  Also, an owner may prove ownership of a towed vehicle by showing a current rental/lease agreement for the vehicle.
  • The towing company may ask for your current address for billing purposes. However, the company may not ask for any more than a current address or proof of ownership, and may not refuse to release the car if you do not provide information beyond current address or proof of ownership.
  • Finally, towing companies must accept credit/debit card payments and cannot charge an extra fee for accepting payment in this form.
  • If a law enforcement official orders the towing, you may have to make arrangements with the towing company for fines and/or towing fees to get your car back.

Traffic violations can be relatively easy to resolve if addressed promptly. Students are strongly urged to consult with the ASU Student Legal Assistance attorney immediately after they receive a citation to ask any questions they might have. Citations may be issued for operating any vehicle under the statute, including golf carts, scooters, mopeds, etc. Please contact this office to clear up any confusion regarding whether using a particular vehicle may result in a traffic citation. As well, Traffic citations may be given to bicyclists for failing to comply with traffic laws. Please contact this office for guidance regarding biking traffic violations.

An Arizona traffic ticket serves as both a complaint to the recipient and a promise to appear by the recipient (ARS § 13-3903). The ticket will have the offense the law enforcement official states you committed, your personal information, your vehicle registration, and a place, date, and time for you to appear in court. Signing a traffic ticket is not an admission of guilt or responsibility. It simply acknowledges that the officer gave you the ticket. You may still contest the ticket in court at the given time and day.

Driving Under the Influence (DUI)

It is against the law to drive or be in actual physical control of a vehicle in Arizona while under the influence of drugs or when the driver’s blood alcohol concentration (“BAC”) is 0.08 or more within 2 hours of driving or being in actual physical control of a vehicle.

 

Arizona has some of the harshest DUI laws in the country and applies harsher penalties for elevated BAC, driving on a suspended license, repeat offenses, and for transporting minors under the age of 15 while intoxicated.  Arizona broadly has three categories of DUI.  Being convicted of subsequent DUIs within an eighty-four month (seven year) period brings harsher penalties.  The harsher penalties are assessed on the most recent offense, even if the previous offense was at a lower level.

 

Ignition Interlock Device:

All DUI offenders, including first time offenders, are required to install Ignition Interlock Devices (“IID”) in vehicles that they operate.  IIDs are breathalyzers attached directly to the vehicle.  A driver is required to breathe into the IID prior to starting the vehicle, and if any alcohol is detected in the driver’s breath the vehicle will not operate.  IIDs can cost up to $300.00 to install and require monthly maintenance that can cost as much as $100.00.

 

In addition, drivers required to install an IID are issued a special ignition interlock restricted driver license.  The license indicates that the driver has restricted privileges and is required to drive vehicles equipped with an IID.  Driving a vehicle not equipped with an IID, or failing to maintain the IID, can result in penalties.

 

Driving Under the Influence:

First time offenders with a BAC greater than 0.08 and less than 0.15 will typically fall into the general DUI category.  If a person is convicted of a DUI, he or she will normally be required to pay $1,250.00 in fines and penalties plus surcharges, and spend as many as 10 days in jail.  The judge may suspend part of the jail time if the offender completes a court-ordered alcohol or other drug screening, education, or treatment program.  In addition, the offender will be required to install an ignition interlock device in any vehicle he or she drives for at least 12 months.

 

A second offense within an eighty-four month period results in harsher penalties including: At least 90 days in jail, $3,000.00 in fines and assessments, the suspension of driving privileges for at least 1 year, and at least thirty hours of community restitution. Upon the restoration of driving privileges, an offender is required to install an IID in any vehicle he or she operates for a period of at least one year.

 

Extreme Driving Under the Influence:

Extreme DUI has two levels, one for operating a vehicle with a BAC between 0.15 and 0.20, and a second for operating a vehicle with a BAC greater than 0.20.

 

First time offenders with a BAC greater than 0.15 and less than 0.20 will face at least 30 days in jail, $2,500.00 in fines and assessments, will be required to install an IID for at least 12 months, and may be ordered to perform community restitution.  A second violation within eighty four months results in stiffer penalties with at least 120 days in jail, $3,250.00 in fines, the suspension of driving privileges for at least 1 year, at least thirty hours of community restitution, and upon the restoration of driving privileges, an offender is required to install an IID in any vehicle he or she operates for a period of at least eighteen months.

 

First time offenders with a BAC of 0.20 or higher will face at least 45 days in jail, $2,750.00 in fines, will be required to install an IID for at least 12 months, and may be ordered to perform community restitution.  A second offense results in 180 days in jail, $3,750.00 in fines, the suspension of driving privileges for at least 1 year, at least thirty hours of community restitution, and upon the restoration of driving privileges, an offender is required to install an IID in any vehicle he or she operates for a period of at least twenty-four months.

 

Aggravated Driving Under the Influence:

There are four ways to receive an aggravated DUI:  (1) Drive under the influence of alcohol or drugs after driving privileges have been revoked, (2) Commit a third DUI within an eighty-four month period, (3) Drive under the influence while a person under the age of fifteen is in the vehicle, (4) Refuse a sobriety test, or drive under the influence while an IID is installed in any vehicle that the offender operates.

 

An aggravated DUI carries harsh penalties.  Penalties may include: a felony conviction, a fine of $4000.00, up to two years in jail, a requirement to attend alcohol treatment, the revocation of driving privileges for 3 years, and a requirement to install IIDs on all vehicles operated by the offender.

 

Juvenile

For persons under the age of 21 Arizona DUI laws function differently.  Juveniles may be convicted for a DUI if within two hours of operating or being in actual physical control of a vehicle there is any detectable alcohol in their system.  In addition to the penalties listed above there is a requirement that driving privileges be suspended for two years.  The suspension may be modified by court order.

 

Any student who has been charged with any alcohol offense is encouraged to schedule a free appointment with ASU Student Legal Assistance.

Speeding
A speeding ticket should include the following:
  • A description of your vehicle and the location of where you were driving.
  • How fast the officer alleges you were driving.
  • The posted speed limit in that area.
  • A place, date, and time for you to appear before a court.
  • The issuing officer's name and signature.
  • A space for your signature.
Generally, speeding is punishable by paying a fine. However, it may be possible to attend traffic school instead of paying a fine or accumulating points on your driving record. Because a person is only allowed to attend traffic school in lieu of points or a fine once every 2 years, students are encouraged to consult with the ASU Student Legal Assistance Attorney before exercising this option to determine if that is the best way to resolve the situation.
Driving Without Insurance
Arizona law requires all vehicles registered in Arizona to be covered by liability insurance, and that proof of insurance (Arizona insurance identification card) be carried in the vehicle at all times. The minimum levels of required insurance are currently $15,000/$30,000 death or bodily injury and $10,000 property damage.

If you do not have insurance, the Motor Vehicle Division may suspend your license plates and registration. If you are pulled over and have no insurance, or if you do not have proof of insurance with you, the officer will ticket you and may temporarily suspend your plates.

If you provide proof that you had valid insurance at the time you were cited, the charges will be dismissed. However, if you do not have insurance, the judge may issue a fine, in addition to any action the Motor Vehicle Division may take.
The Arizona Motor Vehicle Division (MVD) maintains driving records on drivers licensed in Arizona. MVD tracks the number of violations a driver has made and assigns points to each violation.

Generally, minor traffic violations result in 2-3 points being assigned to your record, and major violations, such as reckless driving, leaving the scene of an accident (hit and run), DUI, or drag racing result in 6-8 points per violation being assigned to your record.

Points stay on your record for 5 years from the date of conviction. Major violations (6-8 point violations) stay on your record for 10 years. If you are convicted of violations totaling 8-12 points within a 12-month period, you may have to attend traffic school or your driving privileges may be suspended or revoked.

You may obtain a copy of your driving record by requesting a Motor Vehicle Record from the MVD. The Motor Vehicle Record is the computer printout of your driving record. You can only request a record from the last 39 months and it costs $3.00 for an uncertified record and $5.00 for a certified one.You may also obtain this information by calling (602) 255-0072. You must provide your full name, date of birth and driver's license number.

MVD will provide an insurance company with any convictions received and showing on your driving record within the past 39 months. An employer or an insurance agent may request a 5-year record.
Driver's License Suspension
MVD may suspend your license for a number of reasons. If you discover that your driver's license has been suspended and you do not know why, call MVD at (602) 255-0072. Provide your name, date of birth, and driver's license number.

A suspension has a specific start and end date. When the suspension period ends, you may restore your license by paying the appropriate reinstatement and reapplication fees and by satisfying any other MVD requirements (depending on the circumstances of the suspension). You will have to take a vision test, and you may have to take a written and/or road skills test.
Driver's License Revocation
Revocations are indefinite. Although there is a minimum length of time (usually 1-3 years) the revocation may not automatically end in that period. You must go through an investigation process to determine whether it would be safe to restore your driver's license. To reinstate your license, you must request an investigation packet. Once you complete the packet, submit it to MVD. The investigation process takes approximately 7-10 days. If approved for reinstatement, you will have to pay reinstatement and reapplication fees. If you are not approved, you must wait one year to reapply.

If you have questions regarding a license suspension or revocation, contact ASU Student Legal Assistance for an appointment.

Last updated: October 30, 2009 by Memorial Union WebTeam