In Arizona, all drivers are expected to obey traffic laws and adhere to the correct standards of care behind the wheel. There are many roadway rules in place to help improve public safety and prevent car accidents. One is Arizona’s reckless driving law, which if broken can result in fines, jail time and driver’s license suspension.
If you are facing reckless driving charges, contact our Arizona reckless driving lawyer to discuss your legal options. Schedule your free consultation today.
Reckless Driving Law in Arizona: ARS §28-693
The moving violation known as “reckless driving” is defined in Arizona Revised Statutes (ARS) §28-693. This law states: “A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.”
A “reckless disregard” can refer to many actions and behaviors that appear to endanger the safety of others. Recklessness goes beyond simple negligence or careless driving. The driver must exhibit a willful and wanton disregard for the fact that his or her actions are likely to cause foreseeable harm.
What Are Examples of Reckless Driving?
A variety of moving violations and traffic offenses in Arizona can constitute reckless driving in the eyes of the law. Any driving maneuver that allegedly displays a reckless or wanton disregard for public safety could lead to a ticket or criminal charges.
Examples include:
- Excessive speeding
- Drag racing
- Intentional tailgating
- Road rage behaviors
- Threatening or harassing others
- Running a red light or stop sign
- Running someone off the road
- Cutting off another driver
- Weaving in and out of multiple lanes
- Driving the wrong way
- Impaired driving
- Eluding the police
- Serious traffic law violations
Reckless driving is more than just an accidental traffic infraction or minor mistake. It demonstrates a driver’s knowing and deliberate indifference to the safety of other people and/or property.
Is Reckless Driving a Misdemeanor or Felony in Arizona?
Reckless driving is a Class 2 misdemeanor in Arizona, upgraded to a Class 1 misdemeanor if it is the driver’s second offense within a period of 24 months. However, reckless driving could lead to one or more felony criminal charges in Arizona if the offense results in a severe car accident with bodily injuries or deaths.
What Are the Penalties for Reckless Driving in Arizona?
The penalties and criminal consequences associated with a reckless driving conviction in Arizona depend on whether this is the driver’s first or second offense within the past two years:
- Four to six months of jail time
- $750 to $2,500 in fines, plus additional fees
- Driver’s license suspension for 90 days to 1 year
- Mandatory driver’s education course
It is important to note that certain related convictions may qualify as priors in a reckless driving case. This includes driving under the influence (DUI) and hit-and-run.
Defenses to Reckless Driving Charges in Arizona
With the right reckless driving defense attorney fighting for you, you can achieve the best possible case outcome and avoid the most serious sentence. Your lawyer may be able to use a defense such as:
- Necessity, such as a medical emergency
- You were not driving the vehicle
- Wrong defendant/mistake of identity
- Insufficient evidence of reckless driving
- Inaccurate speed radar reading
- Improper, missing or obstructed signage
If it is not possible to have a reckless driving charge dismissed entirely, your lawyer may still be able to reduce the charges and minimize penalties with a smart legal strategy. For more information about a reckless driving charge in Arizona, contact Corso Law Group to request a free consultation.
