Aggressive Driving

Aggressive Driving in Arizona

What is Aggressive Driving?

Aggressive driving is a serious traffic offense in Arizona, classified as a Class 1 misdemeanor under A.R.S. 28-695. A conviction results in eight points on your driving record—the same as a DUI—and can lead to additional penalties such as fines, mandatory traffic school, and possible license suspension.

Elements of an Aggressive Driving Charge

To be convicted of aggressive driving in Arizona, the prosecution must prove three key elements beyond a reasonable doubt:

Speeding or Criminal Speeding – The driver must have been exceeding the speed limit or engaged in excessive speeding.

Committing Two Additional Traffic Violations – In addition to speeding, the driver must have committed at least two of the following infractions:

    • Failure to obey a traffic control device (e.g., running a red light, ignoring road signs, disregarding traffic cones or barricades).
    • Unsafe lane change (e.g., weaving in and out of traffic or failing to use turn signals).
    • Improper passing on the right (e.g., using the shoulder, median, or sidewalk to pass another vehicle).
    • Following too closely (tailgating another vehicle at an unsafe distance).

Failure to yield (e.g., not yielding to oncoming traffic when making a turn or entering a roundabout).

Creating an Immediate Hazard – The driver’s actions must have posed a danger to others on the road.

Penalties for Aggressive Driving in Arizona

A first-time aggressive driving conviction includes:

  • Eight points added to the driver’s license.
  • Possible license suspension for up to 30 days (at the judge’s discretion).
  • Mandatory traffic survival school (TSS), which does not remove points but serves as a penalty.
  • Possible increased insurance rates due to the severity of the offense.
  • Criminal conviction that may impact future employment and background checks.

A second aggressive driving conviction within 24 months results in:

  • One-year license revocation (mandatory, with no option for early reinstatement).
  • Additional fines and penalties imposed by the court.

Defenses Against Aggressive Driving Charges

There are multiple defense strategies that can be used to challenge an aggressive driving charge:

  • Disputing the Speed Measurement – If the officer cannot provide accurate speed measurement data, the prosecution’s case may weaken.
  • Challenging the Traffic Violations – The government must prove beyond a reasonable doubt that two additional violations occurred.
  • Questioning Officer Testimony – Officers often cite civil violations, but in criminal cases, each element must meet a higher standard of proof.
  • Lack of Immediate Hazard – If there was no clear danger to others, the charge may not be justified.

Why Hire an Aggressive Driving Lawyer?

Since aggressive driving is a criminal offense with serious consequences, it is crucial to have a skilled attorney who can challenge the charges and protect your rights. At R&R Law Group, we analyze police reports, dashcam footage, and other evidence to build a strong defense for your case.

Schedule a Free Consultation

If you are facing aggressive driving charges in Arizona, contact R&R Law Group today for a free case evaluation. We will review your case and develop a tailored defense strategy to help you achieve the best possible outcome.

📞 Call us now!

Call Now