Executive Summary
- Reckless driving laws in Arizona state that driving with willful disregard for the safety of someone else or someone else’s property is considered reckless.
- Penalties for a reckless driving conviction can rise up to a class 1 misdemeanor with harsh fines and up to several months in prison, or worse, with aggravating factors.
- Additional consequences of reckless driving in Arizona can include a loss of your driver’s license, higher insurance premiums, or even impacted future employment opportunities.
- A skilled criminal defense attorney can support you in building a firm defense case against the prosecution and may be able to help you reduce your legal penalties.
Introduction
Reckless driving in Arizona, like criminal speeding, is a common offense. Because it’s something that happens often, some drivers believe it won’t be a serious charge if they’re caught, but this isn’t the case. Reckless driving laws in Arizona are strict, and a reckless driving conviction can be a misdemeanor that can lead to jail time, significant fines or even a suspended license.
If you’re facing a reckless driving charge in Arizona, it’s important to know that it’s something that won’t go away on its own. It’s important to have a skilled and experienced attorney on your side to help you navigate the legal process and combat the charges against you. With the right team, like our team of criminal defense attorneys at JacksonWhite Law, you can give yourself the best chance of minimizing your penalties.
What is Considered Reckless Driving in Arizona?
Reckless driving in Arizona is covered under ARS 28-693 and is defined as “Driving with willful disregard for the safety of persons or property.” Reckless driving can entail a variety of unsafe and questionable behaviors.
Some examples of reckless driving behaviors include:
- Excessive speeding in heavy traffic
- Swerving or aggressive lane changes
- Running red lights or stop signs
- Street racing against other drivers
- Driving under the influence or driving while distracted
- Texting and driving
These are just a few of the examples of behaviors that can constitute reckless driving. To sum it up, reckless driving involves irresponsible, careless actions that can put others in harm’s way.
Do You Need an Attorney for Reckless Driving in Arizona?
Although it’s not required, having a reckless driving attorney can significantly improve your chances of having your penalties reduced or your charges dropped altogether. Reckless driving in Arizona is governed by statute 28-693, which states that reckless driving is any kind of driving that shows “disregard for the safety of persons or property.”
The statute makes it clear that reckless driving can be a class 1 or class 2 misdemeanor offense and carries harsh penalties respective of those classes. So, although you don’t technically need a reckless driving attorney, facing the typical sentencing for the charge without the right representation could lead to more penalties than you may be able to face with an attorney to defend you.
Penalties for Reckless Driving in Arizona
Reckless driving in Arizona has serious penalties, but these penalties can be even greater depending on the circumstances around the offense. According to ARS 28-693, a reckless driving charge is a class 1 or class 2 misdemeanor, which can lead to penalties ranging from hefty fines to jail time.
Penalties for a first-time reckless driving conviction may include:
- A class 2 misdemeanor charge
- Up to 4 months in jail
- A fine of up to $750
- As much as 2 years of probation
- Possible points on your license
- Possible requirement to complete court-ordered traffic school
- Possible court-ordered license suspension for up to 90 days.
Meanwhile, penalties for a second reckless driving conviction within 2 years of a prior conviction or in conjunction with a conviction for another eligible offense may include:
- A class 1 misdemeanor charge
- At least 20 days in jail, with potential for up to 6 months
- A fine of up to $2,500
- As much as 2 years of probation
- Possible 8 points against your license
- Possible requirement to complete court-ordered traffic school
- Possible court-ordered license revocation
In addition to the legal penalties of a reckless driving charge, you may also face other indirect penalties as a result. For example, you may experience higher insurance premiums or difficulty finding coverage with a reckless driving charge on your record.
Aggravating Factors That Can Increase Penalties
A reckless driving charge can come with increased penalties if it is committed in addition to other unsafe actions that pose additional risk. These actions are known as aggravating factors that can come with additional legal penalties, such as increased fines or added jail time.
Aggravating factors include:
- Reckless driving in a school zone or residential area
- Driving recklessly while under the influence of alcohol or drugs
- Involvement in accidents causing serious injury or death
- Evading law enforcement or fleeing the scene of an accident
Any of these aggravating factors can result in higher penalties if convicted. If you have been charged with reckless driving with aggravating factors, you should consult a criminal defense attorney to discuss your options for reducing your charges.
Reckless Driving vs. Aggressive Driving
Although these two charges are often compared, reckless driving and aggressive driving are actually two separate crimes. Generally, aggressive driving is a classification of a specific set of behaviors taken while driving, while reckless driving focuses more on a person’s intention while driving.
Aggressive driving, covered under ARS 28-695, is a manner of driving that poses a hazard to another person or vehicle and includes at least two violations. Violations listed in the statute include a failure to obey traffic lights, unsafe lane changes, following a vehicle too closely, driving off roadways to pass traffic, or failure to yield to right of way.
An aggressive driving charge is a class 1 misdemeanor in Arizona and can include penalties like a fine of up to $2,500, prison time of up to 6 months, probation, traffic school, and even a possible license suspension.
Reckless driving refers to the practice of driving with a disregard for the safety of persons or property. A reckless driving violation in Arizona is a class 2 misdemeanor and can come with harsh penalties, including four months in jail, a fine up to $750, up to 2 years probation, and potentially a suspended license.
The key difference between the two is that reckless driving involves a conscious disregard for the safety of persons or property. Although aggressive driving is irresponsible and has the potential to be dangerous, it may not have put anyone in direct danger.
Potential Defenses To Reckless Driving Charges
Reckless driving is a serious charge that can come with harsh penalties, but a skilled criminal defense attorney may be able to help you combat these penalties and overcome a conviction. The right defense may be able to achieve reduced charges or penalties by challenging the evidence put forth by the prosecution or providing an alternative perspective of the facts.
Defenses to reckless driving charges include:
- Lack of Intent – An attorney may be able to argue that the driver did not intentionally disregard safety, which is an important element in establishing a charge.
- Emergency situations – An attorney may be able to present evidence that the alleged reckless driving was necessary due to an emergency, such as getting someone to the hospital.
- Mechanical failure – If the reckless driving behavior was caused by vehicle malfunction, such as faulty brakes, rather than the conscious choices of the driver, an attorney can present evidence that it wasn’t intentional.
- Challenging evidence – An attorney can challenge the evidence presented by the prosecution to make the case that there is not enough to support a conviction or present counter-evidence, like dashcam footage or witness testimony.
The best possible defense for someone facing a reckless driving charge depends on the unique circumstances of their specific case. If you’ve been charged with reckless driving, you should seek the support of a skilled attorney who will assess your situation and determine the best defense strategy that may work for you.
Consequences of a Reckless Driving Conviction
Being convicted of reckless driving comes with more than just the legal consequences of a fine or penalty. A conviction can affect your day-to-day life well into the future.
After a reckless driving conviction, you may experience the following consequences:
- A potential suspension or revocation of your driver’s license
- Difficulty obtaining car insurance or significantly higher insurance premiums
- Long-term impacts on employment opportunities, especially for jobs that require driving
- Potential civil lawsuits from drivers affected by accidents involving reckless driving
With the many potential consequences of a reckless driving conviction, you should be sure to remain safe and attentive on the road. If you’ve been charged with reckless or aggressive driving, a criminal defense attorney may be able to help you fight back against the charges.
Why You Should Hire a Criminal Defense Attorney
Hiring a criminal defense attorney offers several benefits if you’re facing criminal charges for reckless driving. Navigating the legal system alone is incredibly challenging, especially if you’re facing a prosecution team tasked with a successful conviction. An attorney helps ease the burden of navigating criminal charges and the courts.
An attorney can support you in the following ways:
- Building a case strategy to determine the best legal path forward
- Challenging the evidence and arguing for a reduced charge
- Negotiating plea deals or alternatives to jail time, like community service or probation
- Helping to minimize long-term impacts on your criminal record and driving privileges
With the above benefits combined, an attorney can offer valuable peace of mind to a defendant. Having an attorney by your side against criminal charges can reduce the stress of the process and having to build an argument alone.
How To Avoid Reckless Driving Charges
The easiest way to combat reckless driving charges is to avoid them entirely. Generally, you can avoid reckless driving charges by driving safely and responsibly. The risks of reckless driving, from the legal consequences to the potential safety concerns, will always outweigh the idea of trying to get somewhere faster.
Avoid reckless driving charges by:
- Obeying traffic laws and speed limits
- Prioritizing driving safely and focusing on the road
- Driving without distractions and keeping your phone out of your hand
- Remaining attentive to and considerate of other drivers
- Leave with plenty of time to reach your destination safely
Although the ideal approach is always to avoid a charge, there may be instances where you get stuck driving in an urgent situation and get tagged with a reckless driving charge. If you have been charged with reckless driving, you should consult a skilled defense attorney who can work with you to build a strong case against the prosecution and help you avoid the harshest penalties under the law.
Seek Reduced Penalties for Reckless Driving with JacksonWhite Law
Reckless driving charges in Arizona can come with harsh penalties, from strong financial penalties to lasting impacts on your driving record. However, you may be able to push back against your charges with a defense that cites a lack of intent or a lack of evidence against you. Regardless, if you’ve been charged with reckless driving in Arizona, you should seek the support of a criminal defense attorney as soon as possible.
Our team of criminal defense attorneys at JacksonWhite Law is dedicated to providing you with the highest level of professional, personalized service based on the needs of your case. We’ve helped clients facing traffic charges throughout the Phoenix metro area, and we can help you next. We will work as diligently to build the best defense strategy we can for your case in search of the best possible outcome.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
