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Arizona Revised Statutes Title 28. Transportation § 28-1603. Civil penalty mitigation or waiver

Current as of January 01, 2025 | Updated by Findlaw Staff

A. Notwithstanding any other law, a judge may mitigate or waive any civil penalty that is required under chapters 3, 5, 7, 8 and 9 of this title  1 if the person who is ordered to pay the penalty demonstrates that the payment would be a hardship on the person or on the person's immediate family.

B. In determining whether to mitigate a civil penalty, the court may consider any relevant information, including any of the following:

1. The civil penalty's impact on the person's ability to pay restitution.

2. Whether the civil penalty would constitute a financial hardship to the person or the person's immediate family.

3. Whether the person receives temporary assistance for needy families pursuant to 42 United States Code § 603 or supplemental nutrition assistance pursuant to 7 United States Code §§ 2011 through 2036c.

4. Whether the person receives benefits pursuant to the supplemental security income program (42 United States Code §§ 1381 through 1383f).

5. Whether the person is legally authorized to be employed and is seeking, obtaining or maintaining employment or is attending school.

C. This section does not apply to the surcharge imposed and collected pursuant to § 16-954, subsection A.

1 Section 28-601 et seq., 28-1501 et seq., 28-2001 et seq., 28-3001 et seq. and 28-4001 et seq.
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Cite this article: FindLaw.com - Arizona Revised Statutes Title 28. Transportation § 28-1603. Civil penalty mitigation or waiver - last updated January 01, 2025 | https://codes.findlaw.com/az/title-28-transportation/az-rev-st-sect-28-1603/

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