Arizona Reckless Driving Attorney

What is Arizona Reckless Driving?

The precise definition of Arizona reckless driving can be found in A.R.S. § 28-693, which defines it as:

Driving in reckless disregard for the safety of people or property.

As referenced above, the exact definition of reckless driving can be somewhat vague and difficult to visualize. However, in an effort to better understand the exact legal definition the statute can be broken into two pieces. The second portion of the statute is fairly straightforward in that it’s easy to understand what “safety of people or property” means.

The first portion of the sentence tends to be the more unclear component as “reckless disregard” is not clearly defined in the statue. However, reckless disregard means that you were aware that your actions posed:

1. A significant risk of injury or damage; and
2. That you were unjustified in taking the risk; and
3. That your actions constituted a gross deviation from how a reasonable person would have acted.

SIDE NOTE: The phrase “gross deviation” is important as it requires proof of more than mere negligence.

The bottom line is that there is no set of rules that will tell you with certainty whether or not a particular set of circumstances constitutes reckless driving. Exceeding the speed limit, for example, is a charge that can be measured; recklessness, on the other hand, involves your state of mind, and the proof (or lack of proof) will depend upon whether that state of mind can be gleaned from the surrounding circumstances. While the inability to 100% define the crime can be frustrating, it also holds the key for an experienced Arizona reckless driving attorney to make winning arguments before a jury.

How Does Arizona’s Reckless Driving Differ?

Arizona Reckless Driving differs from other traffic violations in the following respects:

1. The penalties for reckless driving are more severe than for most criminal traffic offenses.
2. More points are assessed through MVD than most other offenses.
3. The evidence in reckless driving charges tend to be more complex, and involve more conjecture and subjective conclusions, than other traffic offenses.

Penalties for Arizona Reckless Driving Charges

Reckless driving in Arizona is treated as a serious criminal offense under ARS 28-693, and the penalties can impact far more than just your driving record. A conviction can lead to jail time, hefty fines, license suspension, and long-term insurance consequences, even for first-time offenders. At Feldman & Royle, our Arizona reckless driving lawyer team helps drivers understand the full scope of these penalties and what they can do to protect their future when facing a reckless driving charge.

Reckless Driving Arizona Penalties – First Offense DUI in Arizona

If convicted, the punishment could include:

• Class 2 misdemeanor;
• The possibility of up 4 months in jail, though mandatory minimum jail is required by law;
• Monetary fine;
• 8 Points on your driver license.
• Potential loss of driver license for up to 90 days.

Reckless Driving Arizona Penalties — Second Offense DUI in Arizona

Penalties for Reckless Driving under ARS 28-693, like DUI and many other offenses, can become more severe if you have a prior conviction within the past 24 months. In the case of a second offense, the punishment includes:

• Class 1 misdemeanor,
• Mandatory minimum jail sentence of 20 days;
• Monetary fine;
• 8 Points on your driver license.
• Mandatory suspension of your driver license;
• SR22 Insurance.

Arizona Reckless Driving Defenses

If you’ve been charged under ARS 28-693, Arizona’s reckless driving statute, you’re facing a criminal offense that can affect your license, insurance, job opportunities, and long-term record. At Feldman & Royle, our team understands how quickly a moment on the road can be misinterpreted as reckless behavior and how aggressively prosecutors pursue these cases. That’s why working with an experienced reckless driving attorney in Arizona is essential. From challenging the officer’s observations to questioning speed estimates, witness credibility, or road conditions, we build strategic defenses designed to protect your rights and minimize the impact of the charge.

1. Lack of Reckless Intent

One of the strongest defenses focuses on intent. The prosecution must prove that you drove with conscious disregard for safety. If your behavior was negligent or the result of an emergency, such as avoiding another accident, it may not meet the legal standard for reckless driving.

2. Insufficient or Inaccurate Evidence

Many reckless driving charges rely heavily on subjective judgment. Police reports, dashcam footage, or witness statements can be incomplete or inconsistent. Reviewing the evidence for errors, missing context, or lack of clarity can weaken the prosecution’s case.

3. Speed Alone Is Not Enough

Driving fast doesn’t automatically mean reckless driving. Arizona courts have ruled that speeding alone, without additional unsafe conduct, doesn’t always justify a reckless charge. A skilled defense can argue that while speeding occurred, it didn’t rise to the level of “recklessness.”

4. Questioning the Officer’s Observations

Officers sometimes base charges on momentary behavior such as quick acceleration or a sudden lane change without considering traffic flow or surrounding conditions. Cross-examining the officer’s testimony and reviewing dashcam footage can expose flaws in their interpretation.

5. Emergency Situations

If you acted in response to a genuine emergency, for example, swerving to avoid a collision or rushing a passenger in distress to safety, your actions may be justified under the circumstances. The law recognizes that not all risky driving equals recklessness.

6. Mechanical or Vehicle Malfunction

A sudden brake failure, tire blowout, or steering problem can cause loss of control that looks reckless from the outside but isn’t the driver’s fault. Expert inspection of the vehicle can help establish this defense.

7. Violation of Rights During Stop or Arrest

Every driver has constitutional rights during a traffic stop. If the officer lacked probable cause, failed to read your rights, or conducted an improper search, it can result in suppressed evidence and possibly case dismissal.

Arizona Reckless Driving Attorney

At Feldman & Royle, our Phoenix criminal defense attorneys are experienced in handling all types of vehicular crimes, from criminal speeding tickets to vehicular homicide charges. With the penalties that you will likely face, it makes sense to hire an experienced reckless driving attorney in Arizona. We have handled reckless driving charges in both plea negotiations as well as jury trials and are familiar with the strategies to either reduce or dismiss or obtain a not guilty verdict.

Don’t run the risk of losing your driving privileges, going to jail, dealing with increased insurance premiums or any other penalties. Call us today to speak to an experienced reckless driving lawyer in Arizona about your charges. We offer a free and confidential consultation in order to assess your individual case and develop a defense strategy.

Why Choose Feldman & Royle for Reckless Driving Charges?

Reckless driving in Arizona isn’t just a traffic ticket; it’s a criminal charge that can leave you facing fines, license suspension, skyrocketing insurance rates, and even jail time. In these moments, you don’t just need a lawyer. You need a defense team that understands how prosecutors think, knows the tactics that work in court, and treats your case as if it were their own.

At Feldman & Royle, we bring more than experience; we bring strategy, insight, and relentless advocacy.

What Sets Us Apart:

1. Former Prosecutors on Your Side – We’ve sat on the other side of the courtroom. Our reckless driving defense attorneys know how reckless driving charges are built, and we use that insider knowledge to anticipate, challenge, and dismantle the state’s case against you.
2. Early Intervention & Negotiation – From the very first hearing, we push aggressively for reduced charges or alternatives to conviction. Our goal: keep your record clean and protect your freedom to drive.
3. Meticulous Case Review – Whether it’s dashcam footage, police reports, or witness testimony, we leave no detail unchecked. Every flaw in the prosecution’s case becomes an opportunity to fight for dismissal or reduction.
4. Personalized, Confidential Defense – No two clients are the same. We take time to understand your situation, your concerns, and your goals. You’ll never be just another case file; we’ll build a defense strategy tailored specifically to you.