Defenses to ARS 28-693: Arizona's Reckless Driving Law Explained

Investigative Article

The Truth Behind Reckless Driving in Arizona

Driving can be a life-threatening activity if not taken seriously. According to the National Highway Traffic Safety Administration (NHTSA), reckless driving is one of the major causes of traffic accidents in the United States. In Arizona, the law takes an especially stern stance against reckless driving; under Arizona Revised Statutes (ARS) 28-693, the state defines reckless driving as "a pattern or instance of driving behavior that demonstrates a clear lack of concern for the established rules of the road and the well-being of others." But what does this definition entail, and what are the consequences of reckless driving in Arizona?

1. What is Reckless Driving in Arizona?

ARS 28-693 lays out a comprehensive definition of reckless driving in Arizona. According to the law, reckless driving involves operating a vehicle in a way that endangers the safety of persons or property. An individual's driving behavior must constitute a pattern or instance of disregarding the rules of the road and risking the well-being of others. Common examples of reckless driving include excessive speeding, ignoring traffic signs and signals, and weaving through traffic aggressively.

2. Consequences of a Reckless Driving Charge in Arizona

If a driver is charged with reckless driving in Arizona, they face a class 2 misdemeanor charge. The consequences of a reckless driving charge in Arizona can be severe. A first-time offender can face up to four months in prison and a fine of up to $750. Additionally, the individual may be subject to a period of probation, points on their license, and mandatory traffic school.

3. Defenses to a Reckless Driving Charge in Arizona

Despite the severity of the consequences, there are several defenses available to individuals charged with reckless driving in Arizona. For instance, a person may argue that their driving behavior was not reckless, or that their actions were reasonable under the circumstances. Alternatively, a person may argue that their charges are a case of mistaken identity, or that the arresting officer acted improperly during the traffic stop.

4. Importance of Working with an Experienced Attorney

If you have been charged with reckless driving in Arizona, it is crucial to seek the guidance of an experienced attorney. An attorney will be familiar with the defenses available in your case and can provide essential legal advice and representation. Your lawyer will have substantial knowledge of Arizona's judicial system and will be able to negotiate on your behalf for the best possible outcome.

5. Reckless Driving vs. Other Traffic Offenses

Reckless driving is serious, but other traffic offenses can have equally severe consequences. Arizona law also prohibits a broad range of other traffic offenses, including driving under the influence, aggressive driving, and texting while driving. These offenses are treated just as seriously as reckless driving and can result in imprisonment, fines, license suspension, and more.

6. Safe Driving Practices in Arizona

The best way to avoid a reckless driving charge in Arizona is to practice safe driving habits. This includes obeying traffic signs and signals, maintaining safe speeds, and keeping a safe distance from other vehicles. Moreover, never drive under the influence of alcohol or drugs, and avoid distractions while driving, such as texting or using your phone.

7. Conclusion

Reckless driving is a serious criminal charge in Arizona that can have severe consequences. If you are facing reckless driving charges, it is crucial to seek the guidance of an experienced attorney. Additionally, by practicing safe driving habits, you can help keep yourself and others safe on the road. Remember, following the rules of the road is not only essential for avoiding a charge for reckless driving but is also critical for protecting the safety of yourself and others.

Reckless Driving in Arizona Defenses to ARS 28-693-