One of the more common criminal traffic violations in Arizona, reckless driving pursuant to A.R.S. § 28-693, requires proof that you drove with “reckless disregard of the safety of people or property.” The exact definition of reckless disregard can vary from person to person which is what makes this crime so often charged but also so commonly successfully defended.
Typically referred to as drag racing, exhibition of speed charges pursuant to A.R.S. § 28-708, are extremely common in Arizona. Arizona’s drag racing statute is fairly broad and doesn’t even require that you actually race another vehicle in order to be charged with exhibition of speed.
A fairly obscure criminal violation, A.R.S. § 28-695, requires that the prosecution prove very specific facts. In essence, to be found guilty of aggressive driving the prosecution must prove that while speeding (or criminally speeding) you also violated at least two other enumerated civil traffic violations.
Probably the most common of all of the criminal traffic violations. Pursuant to A.R.S. § 28-701.02, criminal speeding occurs when a person:
Long Term Costs. A conviction for a criminal traffic offense can often mean a major increase in your insurance rates for as long as 3 years. When you add that to the cost of paying the ticket, you could end up laying out a lot more money than you might expect after pleading guilty.
Protecting Criminal History. Many criminal traffic violations are far more serious than people think. In fact, many are misdemeanors under Arizona law, and some are even felonies. Without an expungement law in Arizona, a conviction will stay on your criminal record for life.
Avoiding Jail. Because criminal traffic violations are crimes in Arizona, the potential for jail time is possible for all charges. In some instances, a conviction can carry mandatory jail.
Avoiding License Suspensions. After a finding of guilt for a criminal traffic offense, the court will report the conviction to MVD. From there, MVD will apply points to your license and in some instances suspend or revoke your license.
Factual Attacks. criminal traffic charge, whether it’s a minor traffic ticket or a more serious offense, often begins with the observations of a police officer. The officer may say, for example, that you blew through a stop sign. Usually, you can’t expect to win an argument based solely upon your word against the officer’s. But you can use witness statements, for example, to cast doubt on the officer’s testimony.
Strict Legal Construct. Several of the more common traffic violations require strict compliance of the law to the facts. If the officer misses even one small detail a case can be thrown out.
Subjective Conclusions. Several criminal traffic offenses involve the personal conclusions of the officer. Determinations of reckless behavior or whether someone was endangered are not necessarily factual issues and often involve the officer’s personal conclusions. Unlike physical observations, the officer’s conclusions are subjective and can be contested.
Constitutional Violations. Because criminal traffic offenses are crimes in Arizona, the rights given to you by the U.S. and Arizona Constitution apply. Violations of these rights by law enforcement can lead to reductions and dismissal of charges.
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