Understanding Arizona Aggressive Driving: ARS 28-695
Facing criminal traffic charges is overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona criminal traffic laws. It explains key terms and the penalties for aggressive driving Arizona charges. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced criminal defense attorney. If you are charged with a criminal traffic violation, let Lawyer Listed match you with your ideal Arizona criminal traffic defense lawyer as soon as possible.
What is ARS Aggressive Driving?
Aggressive Driving Elements
Aggressive driving in Arizona is more than just driving fast. According to ARS 28-695, aggressive driving involves the following elements that when combined create a hazard on the road:
- Speed
- Qualifying violation
- Course of conduct
- Danger to others
Speed
To be charged with aggressive driving, the state must first prove that you were speeding. This is the threshold requirement. In other words, the prosecutor cannot get a conviction without proof that you were driving faster than the posted speed limit in violation of one of the following traffic laws:
- ARS 28-701(A): This is the standard speeding law, which involves driving at a speed that is not reasonable and prudent for the conditions, or exceeding the posted speed limit.
- ARS 28-701.02: This is the criminal speeding law, which is more serious. It includes actions like driving over 85 mph, exceeding the posted speed limit by 20 mph, or driving over 35 mph in a school zone.
Qualifying Violations
After proving you were speeding, the prosecutor must show that you committed at least two of the following traffic offenses:
| Violation | ARS | Explanation |
|---|---|---|
| Disobey traffic device | 28-644 | Drivers must follow posted traffic control devices and avoid gore areas unless the vehicle is disabled. |
| Illegal passing | 28-724 | Drivers may pass on the right only if it’s safe, legal, and there’s enough clear pavement and must stay on the main roadway. |
| Unsafe lane change | 28-729 | Drivers must stay in their lane unless it’s safe and legal to change, use the center lane only where permitted, and follow lane-use signs. |
| Following too closely | 28-730 | Drivers must keep a safe following distance behind other vehicles, adjusting for speed, traffic, and road conditions. |
| Failure to yield | Title 28 Article 9 | Drivers must give the right-of-way to other vehicles, pedestrians, and cyclists when rules or conditions demand it. |
Course of Conduct
“Course of conduct” refers to a series of acts occurring during one continuous period of driving. For example, weaving in and out of lanes five times over a two‑minute span without stopping would constitute a single course of conduct. By contrast, if you stop at a traffic light, drive calmly for an extended period, and later accelerate to an excessive speed, the weaving and speeding would likely be treated as separate incidents rather than a single course of conduct for purposes of Arizona’s aggressive driving statute.
Danger to Others
Your combined conduct must create an immediate hazard to another person or vehicle. The prosecutor must show that your combination of speeding and other traffic violations created a real and immediate risk of a collision or injury to a specific person. This requirement distinguishes aggressive driving from routine traffic violations.
Sentencing for Aggressive Driving
The penalties for aggressive driving vary based on several factors, including your actions and your criminal history. The following table summarizes the potential consequences 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 |
Subsequent Offenses
Enhanced penalties for multiple convictions within a 24‑month period are based on when the offenses were committed—not when the convictions were entered. If you are charged with aggressive driving for a second time, the court will compare the date of the new offense to the date of the earlier offense to determine whether they fall within the statutory 24‑month window.
The statute prevents enhanced repeat‑offender penalties for convictions arising from the same series of acts. This means that a single incident cannot result in multiple “prior” convictions for the purposes of repeat offender status. For example, if you were convicted of three counts of aggressive driving stemming from one driving incident, the prosecutor could not use two of the counts to enhance the sentence of the third count.
Arizona Driver License Points
Points will be added to your driving record following a conviction for a moving violation. If you are convicted of multiple violations during one driving incident, only the highest point value will be added to your record. Accumulating 8 or more points in 12 months can result in mandatory traffic survival school or a suspension of your license for up to 12 months.
Frequently Asked Questions (FAQs)
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Key Takeaways:
- Definition and Scope: In Arizona, aggressive driving is a criminal traffic offense. It occurs when a driver commits multiple specific traffic violations while speeding, and that behavior puts other people in immediate danger.
- Elements of the Crime
- Speed: Driving faster than is reasonable and prudent for the conditions, exceeding the posted speed limit, or engaging in criminal speeding.
- Qualifying Violations: Violation of at least two of the following traffic laws while speeding: disobeying traffic device, illegal passing, unsafe lane change, following too closely, failure to yield.
- Course of Conduct: A series of related driving actions that occur during one continuous, uninterrupted period of driving, treated as a single incident for aggressive driving purposes.
- Danger to Others: Creating a real, immediate risk of collision or injury to a specific person.
- Sentencing:
- First offense:
- Class 1 misdemeanor
- Jail: up to 6 months
- Probation: up to 3 years
- License suspension: possible 30-day suspension
- Subsequent offenses within 24 months:
- Class 1 misdemeanor
- Jail: up to 6 months
- Probation: up to 3 years
- License suspension: mandatory 1-year suspension
- First offense:
Next Steps:
Arizona criminal traffic violations carry serious consequences. The charge of aggressive driving and the resulting sentence depend on several factors. Lawyer Listed helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing a criminal traffic citation in Arizona, engaging a skilled Arizona criminal traffic attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; let Lawyer Listed match you with an experienced criminal defense lawyer right away.