State v. Johnston
In State v. Johnston, 152 Ariz. 273, 731 P.2d 638 (App. 1987), the defendant was prosecuted for "driving a motor vehicle while under the influence of intoxicating liquor while his operator's or chauffer's license was suspended, cancelled, rejected, or refused," based on the fact that his Colorado driver's license had been revoked.
The defendant, however, also held a valid Montana driver's license at the time of the offense. Id. at 275, 731 P.2d at 640.
Although Montana could have revoked the defendant's license based on the revocation in Colorado, it failed to do so. Id.
The Court held that a person could not be convicted under A.R.S. 28-1383's predecessor statute when "a person's license remains valid until the driver is properly notified of the revocation and provided with an opportunity for hearing." Id. at 276, 731 P.2d at 641.