What is Aggressive Driving in Arizona?
In Arizona, per ARS §28-695, “Aggressive Driving” occurs if the defendant’s driving poses an immediate hazard to another person or vehicle, while speeding and committing at least 2 of the following:
- Failing to obey a traffic control device
- Overtaking and passing another vehicle on the right side by driving off the pavement or main travel portion of the roadway
- Committing an unsafe lane change
- Tailgating
- Failing to yield right of way
Need an Arizona Aggressive Driving Attorney? Contact the DM Cantor for a Free Initial Consultation if you have been charged with Aggressive Driving.
Possible Punishment for Aggressive Driving
A first offense conviction of Aggressive Driving is a class one (1) misdemeanor. In addition to the class one (1) misdemeanor punishment, the Judge can order Traffic Survival School and up to a thirty (30) day suspended driver’s license. The range of punishment for a class 1 misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 84% surcharge.
If the defendant has previously been convicted of Aggressive Driving within 24 months of this recent conviction, then he faces the additional punishment of a possible driver’s license revocation by the DMV for one (1) year. Keep in mind, the most severe punishment you could face may be the insurance company’s refusal to insure you in the future.
Possible Defenses for Aggressive Driving
The most obvious defense to Aggressive Driving is that your driving did not pose an “immediate hazard” to another person or vehicle. Although the officer will argue that committing the enumerated violations automatically makes you an immediate hazard, you can deny that by arguing that the statute requires more than just committing the violations, there must be additional evidence that your driving poses a hazard.
Additionally, both of the violations, and speeding, must have been committed simultaneously, not separated by any amount of time. In addition, it is important to try and reduce an Aggressive Driving charge down to two (2) separate civil tickets (such as Speeding and Unsafe Lane Usage) because an Aggressive Driving ticket carries eight (8) points on your license, in contrast to if you were given separate civil tickets for each violation, which carries only five (5) total points. In addition, the two (2) civil tickets are not criminal in nature which means there is no possibility of jail.
DM Cantor are a very aggressive law firm, we will attack your Aggressive Driving charge, and any other charges that you may face, from all angles. In addition to the defenses discussed above, there are numerous defenses that can be asserted in any criminal case.
Miranda Rights
These defenses include challenges to your constitutional rights including a violation of your Miranda rights. In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.
Denial of Right to Counsel
The denial of your constitutional right to Counsel is another common defense which we often raise. This occurs when a suspect is in custody and requests to speak to their attorney, but the request is denied and questioning continues.
Other Defenses
Other possible defenses may apply if you are facing other charges as well as your Aggressive Driving charge, including challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Lastly, one of the most important defense tools is exposing untruthful, sloppy, or misleading police reports which include everything from misstatements, false statements, and inaccurate crime scene description.
It is important to hire a skilled Aggressive Driving Lawyer to defend you, who has the knowledge and expertise to assert all types of defenses involved in an Aggressive Driving case.
Click here… if you have not been charged with Aggressive Driving yet, but the police are in the “pre-charge investigation stage” of your case.
We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Aggressive Driving lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Aggressive Driving Lawyers in Arizona know the system well.
