While on the road, every driver has the duty to exercise a certain level of care in operating a motor vehicle. The level of care required is one that is safe and non-negligent. However, many drivers are accused of violating the appropriate level of care by driving in a manner that endangers the public or property. Every state has different consequences for speeding. In terms of Arizona, driving at a speed that endangers the public is a criminal violation that has severe consequences and may require you to get the help of a Phoenix traffic defense attorney. When it comes to consequences though, many individuals are often uncertain about the differences between reckless driving, aggressive driving, and criminal speed.
According to Arizona Revised Statute 28-693, reckless driving is operating a motor vehicle in a manner that disregards the safety of persons or property. Some examples include traveling at an extreme rate of speed, swerving between lanes, cutting off other drivers, or running red lights, then your driving may be considered reckless in terms of speed.
Those found guilty or reckless driving face a class 2 misdemeanor. If it is your first offense, then the penalty is four months in jail and a $750.00 fine. You may face additional consequences if you have a Commercial Driver’s License (CDL) or if your home state MVD requires additional penalties. You may also be required to attend Traffic Survival School and the judge may order the MVD issue a suspension on your driver’s license.
Aggressive driving is identified in A.R.S. 28-695. According to the statute, you are driving aggressively if are speeding excessively and you commit at least two of the following violations:
- Not obeying a traffic control device
- Not yielding to the right of way
- Committing an unsafe lane change
- Following too closely (tailgating)
- Passing a vehicle on the right
The statute also requires the person’s driving is an immediate hazard to another person or vehicle.
For the purpose of the statute, aggressive driving requires the river to be traveling at a speed greater than reasonable and prudent or violating the criminal speed statute. Those who are found guilty of aggressive driving face a class 1 misdemeanor. This conviction leads to the maximum penalty of a 30 day suspension of your driver’s license, a $2,500 fine, and 6 months in jail. You will also be required to attend Traffic Survival School. You may face additional consequences if you have a Commercial Driver’s License (CDL) or if your home state MVD requires additional penalties. The judge may order the MVD issue a suspension on your driver’s license.
If you are charged with Excessive Speed or Criminal Speed, you face much more severe penalties and consequences. If you have been charged with Criminal Speed that means the officer is alleging you:
- Exceed 35 mph in a school crossing;
- Exceeding the posted speed limit by 20 mph in a business or residential district; or
- You exceed 85 mph elsewhere
A criminal speed violation is a class 3 misdemeanor, which can lead to a maximum of 30 days in jail and a fine of $500. Your state MVD will likely issue points against your driver’s license. If you have a CDL, you may face additional serious penalties.
Being accused of a criminal traffic violation is a serious issue. If you are found guilty, you can face the consequences of a criminal violation on your record as well as significant MVD consequences. Getting the proper legal representation that you deserve can help mitigate or alleviate the consequences of a criminal traffic violation. Contact a criminal defense attorney in Phoenix at Tyler Allen Law Firm today for a free consultation with a Phoenix traffic defense attorney and to get the representation that you need. Call us today at (602) 456-0545