Understanding Aggressive Driving in Arizona: Legal Consequences and Defenses
An aggressive driving charge is a serious offense in Arizona with severe penalties. In this video and article, Ryan Cummings, owner of R&R Law Group outlines the key elements of this charge and the potential consequences.
What is Aggressive Driving?
Under Title 28-695 of the Arizona Revised Statutes, a person can be charged with aggressive driving if they commit a speeding violation along with another dangerous driving behavior. Specifically:
- Speeding Violations
- Civil Speeding (28-701): Driving above the posted speed limit or at an unsafe speed for road conditions.
- Excessive Speed (28-701.02): Speeding 20 mph or more above the posted limit.
- Additional Violations: The driver must also commit at least one of the following:
- Failing to obey a traffic control device (e.g., running a red light).
- Overtaking a vehicle improperly (e.g., on the shoulder).
- Unsafe lane changes or following too closely (tailgating).
- Failing to yield the right of way.
Consequences of Aggressive Driving
A conviction for aggressive driving results in serious penalties:
- Traffic Survival School: Convicted Arizona drivers must attend an 8-hour in-person course designed to teach safe driving habits.
- Points on Your License: Eight points are added to your driving record, which can lead to further violations if you get another ticket within 12 months.
- License Suspension:
- First Offense: The MVD may suspend your license for up to 30 days.
- Second Offense within 24 Months: A one-year suspension can occur, though you may apply for a restricted license after 45 days for work, school, or medical appointments.
Defenses to Aggressive Driving Charges
Several defenses can be used to challenge a charge of aggressive driving:
- Lack of Proof: If there’s no evidence of speeding or unsafe driving behavior, the charges may be reduced or dismissed.
- Officer Error: Discrepancies in the officer’s report or faulty traffic devices can be used to dispute the charges.
Why Consult an Attorney?
Aggressive driving charges carry serious consequences. An experienced Arizona attorney can help you understand the legal process, explore defenses, and work to minimize penalties. If you’re facing charges, don’t hesitate to reach out to us for legal representation.
If you’re facing criminal charges, or need help understanding your situation, contact R&R Law today at (602) 497-3088 or schedule a free case evaluation.
