Criminal Traffic Violations

Criminal Traffic Violations

Criminal speed

Under A.R.S. § 28-701.02, a person shall not exceed 35 miles per hour approaching a school crossing; exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour; or exceed eighty-five miles per hour in other locations. A person engages in criminal speeding is guilty of a class 3 misdemeanor. A class 3 misdemeanor carries a maximum sentence of 30 days in jail, up to $500 in fines before surcharges, and up to one year of probation. Contact us today for a free consultation.

Reckless driving

Under A.R.S. § 28-693, a person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving is guilty of a class 2 misdemeanor. A class 2 misdemeanor carries a maximum sentence of four months in jail, up to $750 in fines before surcharges, and up to two years of probation.

In addition to sentencing for the misdemeanor, the judge must report the conviction to the department and may require the convicted person to surrender their license or suspend their driving privileges for a period of not more than ninety days.

A subsequent reckless driving conviction within a certain period of time from the first results in increased penalties, including but not limited to a class 1 misdemeanor designation, at least 20 days’jail, and the revocation of driving privileges. Contact us today for a free consultation.

Racing

Under A.R.S. § 28-708, a person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway. A person who violates this section is guilty of a class 1 misdemeanor. A class 1 misdemeanor carries a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation. A person convicted of their first racing violation will also pay a fine of not less than $250 and may be ordered to perform community restitution. A judge may also suspend the license of a convicted person.

A subsequent racing conviction within a certain period of time from the first results in increased penalties for the convicted, including but not limited to a class 6 felony designation, at least 10 days’ jail, a fine of not less than $500, and the revocation of driving privileges. Contact us today for a free consultation.

Aggressive driving

Under A.R.S. § 28-695, a person commits aggressive driving if both of the following occur:

  1. During a course of conduct the person commits a civil or criminal speeding violation and at least two of the following violations:
    • Failure to obey traffic control devices
    • Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway
    • Unsafe lane change
    • Following a vehicle too closely
    • Failure to yield the right-of-way
  2. The person’s driving is an immediate hazard to another person or vehicle

A person convicted of aggressive driving is guilty of a class 1 misdemeanor. A class 1 misdemeanor carries a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation.

In addition to any other penalty prescribed by law, a person convicted of aggressive driving will be required to attend and successfully complete approved traffic survival school educational sessions. A person may also have their driving privilege suspended for thirty days. Contact us today for a free consultation.

Endangerment

Under A.R.S. § 13-1201, a person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. A person can be convicted of endangerment for driving their vehicle in a manner or state that shows a disregard for the safety of others on the roadway. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor. Although felony sentencing depends on a variety of factors, a class 1 misdemeanor carries a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation. Contact us today for a free consultation.

Leaving the scene of an accident

Crimes of leaving the scene of an accident are divided into two categories: accidents involving death or physical injuries and accidents involving damage to vehicle.

Under A.R.S. § 28-661, a driver who is involved in an accident resulting in death or serious physical injury and who fails to stop is guilty of a class 3 felony. However, if a driver caused the accident, the driver is guilty of a class 2 felony. Under the same section, a driver who is involved in an accident resulting in an injury other than death or serious physical injury and who fails to stop is guilty of a class 5 felony. Sentencing for any felony violation varies depending on the circumstances of the crime and the previous criminal history of the Defendant.

In addition to felony sentencing, a convicted driver will have their license revoked for five years if they left the scene of an accident involving death or serious injury or three years if they left an accident involving any other injury.

Under A.R.S. § 28-662, a person failing to stop after being involved in an accident resulting in damage to a vehicle that is driven or attended by a person is guilty of a class 2 misdemeanor. A class 2 misdemeanor carries a maximum sentence of four months in jail, up to $750 in fines before surcharges, and up to two years of probation.
Contact us today for a free consultation.

Driving on a suspended license

Under A.R.S. § 28-3473, a person who drives a motor vehicle on a public highway when the person’s privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor. A class 1 misdemeanor carries a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation. A court may also suspend the license of a convicted driver. Contact us today for a free consultation.

Accident involving death or serious injury

Under A.R.S. § 28-672, a person is guilty of causing serious physical injury or death by a moving violation if the statutorily designated violation results in an accident causing serious physical injury or death to another person. A person who causes an accident that involves the serious physical injury or death by a moving violation is guilty of a class 3 misdemeanor. This type of class 3 misdemeanor has a maximum sentence of 30 days in jail, up to $1,000 in fines before surcharges, and up to one year of probation.

In addition to the misdemeanor sentencing, a convicted person will be required to attend and successfully complete traffic survival school educational sessions and may be ordered to perform community restitution. A convicted person may also have their driver’s license suspended.

Penalties for subsequent criminal traffic violations within a designated period will be subject to greater punishments. Contact us today for a free consultation.

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