Is It Entrapment? Undercover Officers and Reckless Driving Charges (ARS 28-693) in Arizona
Undercover Officers and Reckless Driving Charges
If you’ve been charged with reckless driving, racing, or criminal speeding in Arizona especially after interacting with what looked like another “regular driver”, your first reaction might be:
“That’s entrapment.”
We hear that all the time.
But in most cases, it’s not entrapment under Arizona law.
Let’s break down why.
Undercover Officers on Arizona Roads
Law enforcement agencies in Arizona frequently use undercover vehicles in traffic enforcement operations. These vehicles often include high-performance models like:
- Ford Mustangs
- Chevrolet Camaros
- Dodge Chargers
- Other sport-styled vehicles
To the average driver, they look like another car on the road, not a patrol vehicle.
Sometimes these officers will pace a vehicle, accelerate, or position themselves in a way that leads drivers to increase speed or engage in aggressive driving behavior.
When a citation or arrest follows, many drivers believe they were “set up.”
However, simply providing an opportunity for someone to speed or drive recklessly does not meet the legal definition of entrapment.
What Is Entrapment in Arizona?
Under Arizona law, entrapment occurs when:
- Law enforcement induces someone to commit a crime,
- The idea of committing the crime originated with law enforcement, and
- The person was not predisposed to commit the offense.
That’s a high legal standard.
If a driver voluntarily chooses to speed, race, or drive aggressively even if an undercover officer is nearby, that typically does not qualify as entrapment.
The key issue is whether you were persuaded or pressured into committing an offense you otherwise would not have committed.
In most traffic cases, prosecutors argue that the driver made the independent decision to engage in the conduct.
Why Racing and Reckless Driving (ARS 28-693 & ARS 28-708) Charges Are Serious
Arizona’s statutes for racing and reckless driving are broad.
Reckless Driving
Defined as driving with “reckless disregard for the safety of persons or property.”
That language gives prosecutors flexibility. It doesn’t require extreme facts, it often depends on how the officer interprets your behavior.
Racing
Arizona law prohibits:
- Drag racing
- Exhibition of speed
- Speed contests
- Unofficial competition on public roadways
Even brief acceleration alongside another vehicle can sometimes be charged as racing.
These are criminal charges, not simple civil traffic tickets. Convictions can lead to:
- Jail time
- Fines
- License suspension
- Increased insurance rates
- A permanent criminal record
This is why taking the charge seriously matters.
The Real Issue: How the Case Is Handled in AZ
Because these statutes are broad, the defense strategy becomes critical.
An experienced defense attorney may evaluate:
- Officer positioning and conduct
- Dash cam or body cam footage
- Radar or pacing evidence
- Road conditions
- Intent and driver behavior
- Whether the facts truly support a racing charge
In many cases, charges can be:
- Reduced
- Negotiated to lesser offenses
- Or dismissed depending on the circumstances
Every detail matters.
What To Do If You’re Charged
If you’re facing a reckless driving, racing, or criminal speeding charge in Arizona:
- Do not assume it’s “just a ticket.”
- Do not rely on the entrapment argument without understanding the law.
- Speak with a criminal defense attorney as soon as possible.
The earlier a case is reviewed, the more options may be available.
Speak With an Arizona Criminal Defense Attorney
At R&R Law Group, we regularly defend clients charged with reckless driving, racing, and criminal speeding throughout all of Arizona.
If you’ve been cited or arrested, contact our office to discuss your case and explore your legal options.
At R&R Law Group, we offer free case evaluations to help you understand your legal rights and options, schedule now or give us a call at (602) 497-3088
Your driving record and potentially your freedom may depend on how your case is handled.
