Understanding Arizona Criminal Traffic Laws
Facing Arizona criminal traffic charges can be overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
Lawyer Listed created this guide to provide you with a detailed overview of the most common criminal traffic charges in Arizona. It explains key terms and sentencing guidelines. It also answers frequently asked questions about these charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced criminal defense lawyer. If you are facing charges for a criminal traffic violation in Arizona, consult with a qualified criminal attorney as soon as possible. Lawyer Listed simplifies this process by matching you with an elite criminal defense lawyer tailored to your case.
Reckless Driving: ARS 28 693
ARS reckless driving occurs when operating a vehicle with reckless disregard for the safety of people or property. The charge is broader than many people realize and can apply to various driving behaviors.
A conviction for reckless driving requires proof beyond a reasonable doubt of the following three elements:
- Driving: Generally, the state must prove you were driving the vehicle. However, the reckless driving statute does provide for accomplice liability. This means you can be charged even if you weren’t driving but knowingly helped, encouraged, or assisted someone else in driving recklessly.
- Reckless Disregard: Recklessness means you know about a significant and unreasonable risk that your actions could cause harm, but you deliberately ignore that risk. Your behavior must be a major departure from what a reasonable person would do in the same situation.
- Danger to Others or Property: Your driving must create an immediate hazard to another person or property. The prosecutor must prove your behavior created a real risk of collision, risk of injury to a specific person, or risk of damage to specific property.
Sentencing for Reckless Driving
| First Offense | Subsequent Offenses (within 24 months) | |
|---|---|---|
| Classification | Class 2 misdemeanor | Class 1 misdemeanor |
| Jail Time | Up to 4 months | Up to 6 months (20 days mandatory minimum) |
| Probation | Up to 2 years | Up to 3 years |
| Fines | Up to $750, plus surcharges | Up to $2,500, plus surcharges |
| License Points | 8 points | 8 points |
| License Action | Possible 90-day suspension | Mandatory 1-year suspension |
| Criminal Record | Yes | Yes |
| Insurance Impact | Increased premiums | Increased premiums |
Enhanced Penalties for Repeat Offenses
Enhanced penalties apply when you commit multiple offenses within 24 months. The court looks at when the offenses occurred, not when you were convicted.
Frequently Asked Questions About Reckless Driving
Aggressive Driving: ARS 28-695
ARS aggressive driving occurs when speeding is combined with multiple other traffic violations. Aggressive driving involves a pattern of dangerous behavior that creates hazards on the road.
Under ARS 28-695, there are four distinct elements of aggressive driving that must occur during a single course of conduct.
- Speeding: You must be speeding under either ARS 28-701(A) for standard speeding or ARS 28-701.02 for criminal speeding. Criminal speeding includes driving over 85 mph, exceeding speed limits by 20 mph, or driving over 35 mph in a school zone.
- Qualifying Violations: You must commit at least two of the following traffic violations while speeding:
- Disobeying traffic devices (ARS 28-644)
- Illegal passing (ARS 28-724)
- Unsafe lane changes (ARS 28-729)
- Following too closely (ARS 28-730)
- Failure to yield (Title 28, Article 9)
- Course of Conduct: The combined aggressive driving actions above must have occurred during one continuous period. The state cannot use one instance of speeding and combine it with an unrelated instance of illegal passing and unsafe lane change to charge aggressive driving.
- Danger to Others: Your combined violations must create immediate danger to another person or vehicle. The prosecutor must prove your behavior created real risk of collision or injury to specific people.
Sentencing for Aggressive Driving
| First Offense | Subsequent Offenses (within 24 months) | |
|---|---|---|
| Classification | Class 1 misdemeanor | Class 1 misdemeanor |
| Jail Time | Up to 6 months | Up to 6 months |
| Probation | Up to 3 years | Up to 3 years |
| Fines | Up to $2,500, plus surcharges | Up to $2,500, plus surcharges |
| License Points | 8 points | 8 points |
| License Action | Possible 30-day suspension | Mandatory 1-year suspension |
| Other Penalties | Mandatory traffic survival school | Mandatory traffic survival school |
| Criminal Record | Yes | Yes |
| Insurance Impact | Increased premiums | Increased premiums |
Enhanced Penalties for Repeat Offenses
Enhanced penalties apply when you commit multiple offenses within 24 months. The court looks at when the offenses occurred, not when you were convicted.
Frequently Asked Questions About Aggressive Driving
Racing Exhibition of Speed: ARS 28 708
Racing exhibition of speed Arizona charges cover various speed-related activities on public roads. ARS 28 708 is broad and covers many activities beyond traditional racing. Racing exhibition of speed includes organized races, drag racing, and solo exhibitions of speed or acceleration.
Types of Racing and Exhibition Activities
Racing Activities
- Competing to outdistance another vehicle
- Preventing another vehicle from passing
- Side-by-side competitions for speed
Exhibition of Speed Activities
- Rapid acceleration or “burning out” from stops
- Excessive tire spinning to create smoke or noise
- Performing stunts that show speed or acceleration
- Showing off driving skills emphasizing speed
Solo Activities
- Time-based speed competitions
- Attempting to set speed records
- Drag racing against the clock
- Testing acceleration over set distances
Sentencing for Racing Exhibition of Speed
| First Offense | Subsequent Offenses (within 24 months) | |
|---|---|---|
| Classification | Class 1 misdemeanor | Class 6 felony |
| Incarceration | Jail: Up to 6 months | Prison: 0.33 – 2 years (10 days mandatory minimum) |
| Probation | Up to 3 years | Up to 3 years |
| Crime Fine | Up to $250 | Up to $500 |
| Statutory Fines | Up to $2,500, plus surcharge | Up to $150,000, plus surcharge |
| License Points | 8 points | 8 points |
| License Action | Possible 90-day suspension | Mandatory 1–year suspension |
| Criminal Record | Yes | Yes |
| Insurance Impact | Increased premiums | Increased premiums |
Aiding and Abetting
| First Offense | Subsequent Offenses (within 24 months) | |
|---|---|---|
| Classification | Class 2 misdemeanor | Class 1 misdemeanor |
| Jail Time | Up to 4 months | Up to 6 months |
| Probation | Up to 2 years | Up to 3 years |
| Statutory Fines | Up to $750, plus surcharges | Up to $2,500, plus surcharges |
Enhanced Penalties for Repeat Offenses
Enhanced penalties apply when you commit multiple offenses within 24 months. The court looks at when the offenses occurred, not when you were convicted.
Frequently Asked Questions About Racing Exhibition of Speed
Criminal Speeding Arizona: ARS 28-701.02
Criminal speeding in Arizona is a class 3 misdemeanor for driving at excessive speeds in certain areas:
- School Crossings: Driving over 35 mph when approaching or passing through a designated school crossing, regardless of posted limits.
- Business/Residential Areas: Exceeding the posted limit by more than 20 mph or driving over 45 mph where no speed limit is posted.
- Other Locations: Driving faster than 85 mph anywhere else, including highways, freeways, or roads outside school, business, or residential zones.
Unlike regular speeding, which is a civil infraction, criminal speeding is a criminal offense that can result in a permanent record, court appearances, and even jail time.
Sentencing for Arizona Criminal Speeding
| Consequence | Details |
|---|---|
| Classification | Class 3 misdemeanor |
| Jail Time | Up to 30 days |
| Probation | Up to 1 year |
| Fines | Up to $500, plus surcharges |
| License Points | 3 points |
| Criminal Record | Yes |
| Insurance Impact | Increased premiums |
Frequently Asked Questions (FAQs)
Arizona Driving on a Suspended License
In Arizona, it is illegal to operate a motor vehicle on a public highway if your driving privileges are suspended, revoked, canceled, or refused. Below are some of the most common license statuses that make driving illegal:
- Canceled means your license is ended because of errors or because you are no longer eligible to have one.
- Suspended means your license and driving privileges are temporarily taken away for a specific period. After the suspension period, you can have your driving privileges reinstated by meeting certain requirements.
- Revoked means your license and legal right to drive are completely taken away. You cannot get them back, but you may apply for a new license one year following the date of revocation.
Reasons for License Suspension
Your license can be suspended for various reasons, including the following:
- Excessive traffic violations and point accumulation
- DUI convictions
- Failure to pay court fines or restitution
- Missing required court appearances
- Convictions for reckless or aggressive driving
- Racing on highways violations
- Medical conditions affecting safe driving ability
Reasons for License Revocation
Your license will be revoked following a conviction for and of the following crimes:
- Vehicular homicide
- Vehicular aggravated assault
- Felony crimes committed using a vehicle
- Motor vehicle theft
- Drive-by shootings
- Leaving the scene of an accident involving death or serious injury
Sentencing for Driving on Suspended License
| Consequence | Details |
|---|---|
| Classification | Class 1 misdemeanor |
| Incarceration | Jail: Up to 6 months |
| Probation | Up to 3 years |
| Statutory Fines | Up to $2,500, plus surcharge |
| Criminal Record | Yes |
| Classes | Possible requirement to complete traffic survival school |
| Impoundment | Possible impound of the vehicle for 20 days |
Frequently Asked Questions About Driving on a Suspended License
Next Steps:
Arizona criminal traffic violations carry serious consequences. The charges and the resulting sentence depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing Arizona criminal traffic charges, engaging a skilled criminal traffic attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.
If you’re facing Arizona drug charges, engaging a skilled drug crimes attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.