Risk of Suspension, Arizona's Restrictions for Licenses

Reporter: Caroline Rowland

PHOENIX- An Arizona man faced a choice of 18 months of probation or additional fines from a Maricopa County judge. 

Javier Jesus Munguia, 21, pleaded guilty to misdemeanor driving with a suspended license on Dec. 3, 2024, violating the terms and conditions of his two-year probation from previous convictions. 

Munguia appeared in court on Wednesday with his attorney, Paul Rubin, for sentencing on a misdemeanor charge. 

During the court hearing, Judge Justin Beresky acknowledged Munguia’s financial struggles and offered two options to help Mungia’s situation. 

"I’m fine not putting him on probation but his fines and fees will be instantly reduced to criminal restitution order, which will begin incurring additional fees,” Judge Beresky said. “It might be to his benefit since he will already be on probation anyways that he be put on a small period of probation to avoid those additional fees, but it is up to you," the judge said. 

According to court records, Munguia was pulled over by Arizona Department of Public Safety Trooper Simon on eastbound Interstate 10. He was driving alone in the HOV lane during restricted hours and initially failed to produce a driver's license.

Further investigation revealed he had two outstanding misdemeanor warrants for driving on a suspended license and that his license had multiple active suspensions. 

Austin Peril, the attorney representing the State of Arizona said he did not believe further penalties would benefit Munguia or the community.

“He is doing everything the state would want on probation, so probation reinstatement is appropriate in this case,” Peril said. 

Attorney Paul Rubin told the court Munguia has been facing financial struggles, making it difficult for him to pay existing fines. In addition, he is already serving two years of probation due to his past misdemeanors.

“Every penny he has goes to either getting himself to work or his criminal cases to make sure he is compliant with the court, food on the table and keeping a roof over his head,” Rubin said. “He has informed me that he barely has fifty bucks to himself.” 

With help from his attorney, Munguia ultimately agreed to serve an 18-month probation term concurrently with his existing two-year probation sentence to avoid the extra fees. As part of his ruling, Judge Beresky also permitted Munguia to have his ankle bracelet removed.