Criminal Traffic

Reckless Driving

 

Arizona Revised Statutes §28-693 states, "A person who drives a vehicle in a reckless disregard for the safety of persons or property is guilty of reckless driving." A first offense is a class 1 misdemeanor.

 

If a person is convicted of reckless driving and has been previously convicted of reckless driving, or A.R.S. 13-1102, 13-1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382, or 28-1383 within a period of 24 months, it is a class 1 misdemeanor, and is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.  The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.  On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.  Reckless driving puts 8 points on your license.

Aggressive Driving

 

A person commits aggressive driving if both of the following occur:

(1) During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:

(a) Failure to obey traffic control devices as provided in section 28-644.

(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.

(c) Unsafe lane change as provided in section 28-729.

(d) Following a vehicle too closely as provided in section 28-730.

(e) Failure to yield the right-of-way as provided in article 9 of this chapter.

(2) The person's driving is an immediate hazard to another person or vehicle.

Course of conduct means a series of acts committed during a single, continuous period of driving. 

 

A person convicted of aggressive driving is guilty of a class 1 misdemeanor.  A person convicted of aggressive driving shall attend and successfully complete approved traffic survival school.  The court shall forward the abstract of conviction to the department and may order the department to suspend the person's driving privilege for thirty days.

 

If a person is convicted of a second aggressive driving offense within a period of twenty-four months, it is a class 1 misdemeanor.  The court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person for one year.  Aggressive driving puts 8 points on your license.

 

Driving on a Suspended License

Arizona Revised Statute §28-3473 defines Driving on a Suspended License when a person knowingly operates a motor vehicle while his or her driver’s license is suspended, revoked, cancelled, refused, or otherwise disqualified from driving.  It is the State's burden to prove that a person knowingly drove while suspended.  Arizona law allows the State to show a person knew or should have known his or her license was suspended.  Hiring a defense attorney is helpful so the attorney can advocate and argue that a person did not know about the suspension and should not have known about the suspension.  

Criminal Speed

Arizona Revised Statute §28-701.02 discusses excessive speed, though it is commonly called "criminal speed."  Excessive speed is a class 3 misdemeanor and can result in three (3) points on your license.  A person can be charged with criminal speed in Arizona for:

(1)  Exceeding 35 miles per hour approaching a school crossing

(2)  Exceeding the posted speed limit in a business or residential district by more than 20 miles per hour

(3)  Exceeding 45 miles per hour in a business or residential district if no speed limit is posted

(3)  Exceeding 85 miles per hour in other locations (even on a freeway or highway)

 

Defensive Driving School may be available pursuant to Arizona Revised Statute §28-3392(A)(2), but it’s in the discretion of the judge. It is common that each judge has his or her own personal standards for allowing Defensive Driving School.  Hiring an attorney to advocate on your behalf is very helpful.

 

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Disclaimer:  The information on this website is intended to be informational only, and it is not intended to be legal advice for a specific case.  It does not establish an attorney-client relationship.  Readers should not act upon any information on this website without seeking the advice of counsel. 

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