Arizona Aggressive Driving Lawyer
In Arizona, it is a punishable offense to drive too aggressively. If found guilty of this traffic violation, you could face a class 1 misdemeanor with penalties that can include up to six months in jail. The best thing you can do to protect yourself when faced with an aggressive driving charge is to contact a traffic violation attorney.
What Is an Aggressive Driving Charge in Arizona?
Unlike many other states that draw the line at “reckless driving,” Arizona has a specific statute prohibiting the lesser offense of “aggressive driving.” Arizona Revised Statutes § 28-695 states that a person commits this violation if both of the following occur:
- During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02and at least two of the following violations:
- Failure to obey traffic control devices as provided in section 28-644
- 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
- Unsafe lane change as provided in section 28-729.
- Following a vehicle too closely as provided in section 28-730.
- Failure to yield the right-of-way as provided in article 9 of this chapter
- The person’s driving is an immediate hazard to another person or vehicle.
Under this law, making certain driving maneuvers that are deemed unsafe in a way that could threaten others will lead to an aggressive driving charge. Anyone who commits an offense under this law is guilty of a class 1 misdemeanor.
What Are the Penalties and Consequences of Aggressive Driving in Arizona?
If you are found guilty of aggressive driving in Arizona, you will be subject to a mandatory traffic survival school educational program, which you must pay for yourself. You may also face consequences such as:
- Up to six months in the county jail
- A base fine of $2,500, plus surcharges
- Three years of probation
- Thirty-day driver’s license suspension
- Eight points assessed against your driver’s license
- Vehicle impoundment (with a daily charge)
- Increased car insurance costs
- Mandatory community service hours
- A misdemeanor permanently on your record
Keep in mind that these penalties will increase if this is not your first offense. In addition, if you have already accumulated 16 or more points on your driver’s license in the 36 months prior to the aggressive driving charge, your driver’s license will be suspended for one year.
How Can a Defense Attorney Help With an Aggressive Driving Charge?
If you have received a ticket or been arrested for a case of aggressive driving in Arizona, it is important to contact a criminal defense attorney as soon as possible to start planning your defense and protecting your rights.
Your lawyer can work to develop a strategy that:
- Challenges the evidence against you
- Undermines the prosecutor’s case
- Reduces or dismisses the charges brought against you
- Points out mitigating factors or circumstances that can reduce your penalties
- Negotiates a plea bargain for a lighter sentenc
To convict you of aggressive driving, the prosecutor must prove beyond a reasonable doubt that you are guilty of one of the listed traffic violations and that this made your driving an immediate hazard to another person or vehicle. Your lawyer can help combat these allegations using convincing evidence and aggressive defense tactics.
For more information about an aggressive driving case in Arizona, request a free consultation with an attorney at Corso Law Group.
