Arizona Felony Wrong-Way Driving Charges
In Arizona, driving the wrong way is an offense that is taken seriously. According to state law, being found guilty of wrong-way driving can have civil and criminal consequences – especially if it is combined with driving under the influence (DUI) charges. These two crimes are often grouped together due to drunk drivers getting on roads and highways, facing the wrong direction.
If you have been faced with criminal charges for felony wrong-way driving, contact our Arizona traffic ticket attorney at Corso Law Group—call (480) 471-4616 today.
What Is Wrong-Way Driving in Arizona?
The state’s wrong-way driving law is found in Arizona Revised Statute (ARS) § 28-694. This law defines wrong-way driving as “A person who drives the wrong way on a controlled access highway.”
The law further explains: “wrong way means vehicular movement that is in a direction opposing the legal flow of traffic.” It does not include “median crossing or a collision where a motor vehicle comes to a stop facing the wrong way.”
Under this law, driving the wrong way can result in a civil penalty of up to $500. The driver will also be required to attend and successfully complete a traffic survival school course to improve their driving habits.
When Can Wrong-Way Driving Result in Felony Charges in Arizona?
Wrong-way driving that does not involve any aggravating factors is typically classified as a misdemeanor in Arizona. However, it could be enhanced to a felony in certain circumstances, such as:
- It causes a car accident. If driving the wrong way results in a motor vehicle accident that injures or kills another person, the wrong-way driver could face a class 3 felony charge for aggravated assault or class 2 felony for vehicular manslaughter. These charges can arise even if the driver did not intend to drive the wrong way.
- The driver was intoxicated. If an investigation of the wrong-way driver finds evidence of drug or alcohol impairment, this can lead to aggravated DUI charges (a class 4 felony). The penalties for this crime can include fines surpassing $4,000, days to months in prison, a mandatory alcohol treatment program, and license suspension for at least one year.
- The driver was evading law enforcement. Someone fleeing law enforcement and driving the wrong way in Arizona could face class 5 felony charges for “unlawful flight” under ARS § 28-622.01. A conviction under this statute could result in a prison sentence, fines, and driver’s license revocation.
In Arizona, drivers face mandatory jail time for wrong-way charges involving driving under the influence, even if they are a first-time offender. Law enforcement strictly enforces the penalties involved with wrong-way driving to reduce these accidents.
Defense Options for Felony Wrong-Way Driving Charges in Arizona
The right criminal defense strategy for your wrong-way driving case could protect you from the consequences involved in a conviction. A strong and personalized defense could have the charges against you reduced or even dismissed.
Potential defenses include:
- Lack of intent to drive the wrong way
- Medical condition or emergency
- Insufficient evidence for meeting the burden of proof
- Police misconduct or improper traffic stop
- Involuntary intoxication
You have choices and opportunities as someone facing criminal charges for felony wrong-way driving in Arizona. Don’t make the mistake of handling your case alone. Hire an experienced criminal defense attorney in Phoenix to help you achieve the best possible results for your case.
