Aggressive Driving Defense Attorneys In Phoenix, Arizona

What is Aggressive Driving in Arizona?

Arizona Aggressive driving is defined in detail in A.R.S. § 28-695. The definition of aggressive driving in Arizona does not mean that you necessarily acted aggressively, as that term is used in everyday speech. Instead, the statute is very clear about what needs to be proven in order to be convicted of aggressive driving.

A person commits aggressive driving in Arizona if both of the following occur:

1. You are driving at a speed that qualifies as speeding or criminally speeding under Arizona law; and
2. While speeding, you commit at least two additional traffic violations from the list defined in the statute, such as;

• Failure to obey the instructions of a traffic control device (stop light, etc.);
• Passing another vehicle on the right, by leaving the pavement or the traveled portion of the road;
• Making an unsafe lane change;
• Tailgating, and/or
• Failing to yield the right of way.

In essence, there are very specific conditions that need to be met for the prosecution to make their case. While aggressive driving penalties can be severe, it is important to remember that aggressive driving is very fact specific and one of the easier criminal traffic violations to defend.

Aggressive Driving Penalties in Arizona

If convicted under A.R.S. § 28-695, aggressive driving is a Class 1 misdemeanor.

Here are the main penalties and consequences such a conviction can bring:

• Jail time: Up to 6 months in jail is possible.
• Fines: The fine can go up to $2,500 (plus possible court fees or surcharges)
• License suspension or revocation: For a first-time offense, the court may order a 30-day suspension of your driver’s license. If a second offense occurs within 24 months, the license may be revoked for a full year.
• Mandatory Traffic Survival School: Convicted drivers must complete approved traffic-safety education sessions.
• Points on Driving Record: A conviction adds 8 points to your license, which is among the highest point penalties under the Arizona traffic law system.
• Collateral Consequences: Beyond criminal penalties, a conviction can impact insurance rates, employment prospects, and future licensing.

In many respects, aggressive driving in Arizona is treated more severely than common traffic infractions because the law targets dangerous behavior that threatens public safety.

Defenses to Aggressive Driving Charges in Arizona

If you’re facing aggressive driving charges in Arizona, a skilled aggressive driving attorney in Phoenix can help. Understanding ARS 28-695 is key to building strong defenses and protecting your rights. With the right legal strategy, you can challenge the charges effectively and work toward the best possible outcome.

Failure to satisfy the specifics of the statute

Simply because a police officer believes you were being aggressive on the road and that you may have engaged in some questionable driving behavior is not enough for a conviction. To be found guilty, there must be sufficient evidence of speeding, plus two of the additional violations listed in the statute.

Right to counsel

As a suspect in a criminal case, you are entitled to all the constitutional protections that apply, including the right to counsel. If, for example, you provided an admission but were not advised of your right to remain silent, the statement may be inadmissible in court.

Inconsistent or exculpatory statements by the police

Statements made by the officer are admissible to show inconsistencies. If the police report is inconsistent with his later testimony or with statements described by witnesses, or if any of the statements contain exculpatory material, they can be used to your benefit, either at trial or in a pretrial motion.

In sum, while the charge is a serious one, the evidence offered by the prosecutor can be challenged. And the way to provide yourself with the best chance of a dismissal or other positive result in your case is to hire the right lawyer for your case.

Aggressive Driving vs Reckless Driving

While the two crimes are often confused, make no mistake about the difference in aggressive driving vs reckless driving.

Aggressive Driving (A.R.S. § 28-695)

• Class 1 Misdemeanor
• Punishable by up to 6 months in jail
• Punishable by up to $2500 fine
• 8 Points on your License
• 1 Year Revocation of Driver License for Second Offense
• Eligible for Bench Trial Only

Reckless Driving (A.R.S. § 28-693)

• Class 2 Misdemeanor
• Punishable by up to 4 months in jail
• Punishable by up to $750 fine
• 8 Points on your License
• Mandatory 20 Days in Jail for Second Offense
• Eligible for Bench or Jury Trial

While these are the statutory and legal differences in Arizona aggressive driving vs reckless driving, the major issue is that in order to be found guilty of aggressive driving a judge must find that while speeding you committed two of the enumerated offenses. If you were speeding but only committed one offense, or committed an offense not enumerated in the statute, you are not guilty. In turn, if you committed one offense while speeding but the other offense after you stopped speeding or you acted aggressively while driving but weren’t speeding, then you’re not guilty.

In essence, Arizona aggressive driving follows a formula of strict statutory interpretation using the facts of your case. Reckless driving, on the other hand, is far more vague and only requires that the prosecutor prove that you drove with “reckless disregard for the safety of persons or property.”

Arizona Aggressive Driving Lawyer

Facing a charge of this nature exposes you to significant penalties. At Feldman & Royle, our experienced Phoenix criminal defense lawyers understand the seriousness of Arizona’s aggressive driving charges, and we know how to mount a successful defense. Not trusting your case to an experienced aggressive driving lawyer may result a license suspension, a criminal record and increased insurance premiums. Call us to schedule a free consultation for aggressive driving charges, and find out how our firm can help.

Why Choose Feldman & Royle for Aggressive Driving Charges in Arizona?

When you’re facing aggressive driving charges in Arizona, what’s at stake isn’t just a fine or a mark on your record; it’s your license, your insurance rates, and your future. At Feldman & Royle, we understand that one moment on the road shouldn’t define your life. Our attorneys bring a powerful mix of insider experience, courtroom strategy, and personal commitment to every case we take.

What Sets Feldman & Royle Apart:

• Former Prosecutors Who Know the System
  Our Phoenix aggressive driving defense attorneys have sat on both sides of the courtroom. We know how prosecutors think, what evidence they rely on, and where their cases are most vulnerable. That insider insight allows us to stay one step ahead, turning their strategy into your defense.
• Focused on Early Case Intervention
  Aggressive driving charges can escalate quickly into reckless driving or even criminal charges. We act fast, negotiating with prosecutors early, challenging the traffic stop, and pushing for reduced penalties or case dismissal before things spiral out of control.
• Evidence-Driven Defense Preparation
  We don’t take the state’s version of events at face value. Our team meticulously reviews dashcam footage, police reports, witness statements, and traffic data to expose inconsistencies and procedural errors that can make or break your defense.
• Personal, Non-Judgmental Support
  We get it, people make mistakes, or get caught in unfair situations. That’s why we handle every case with. You’ll always know where your case stands, and we’ll be by your side through every step of the process.
• Proven Results, Real People Helped
  Our track record speaks for itself. Clients throughout Arizona have trusted Feldman & Royle to protect their driving privileges, reduce penalties, and safeguard their reputations. We fight to get you back on the road and back to your life as quickly as possible.