Скачать или смотреть Reckless Driving in Arizona: What you need to know

Reckless driving in Arizona occurs when a person operates a vehicle in a manner that willfully disregards the safety of people or property. Indeed, this offense is a Class 1 or Class 2 Misdemeanor, depending on whether it is a second or first offense. Specifically, Arizona Revised Statute 28-693 defines Reckless Driving.

WHAT IS RECKLESS DRIVING?
Reckless driving in Arizona is a traffic violation occurring when a driver operates a vehicle in a manner that disregards others or property. The State must prove "reckless disregard" beyond a reasonable doubt. Arizona law defines "recklessly" as a person who is aware of a risk, but consciously disregards it. Indeed, this must take place in a situation where a reasonable person would not disregard the risk.

EXAMPLES OF RECKLESS DRIVING
Some examples of Reckless Driving include driving at an excessive speed or in a manner that endangers others. This could be a person driving on a highway or freeway at 100 plus miles per hour. Although most of the time law enforcement charges Criminal Speed or Excessive Speed here. However, excessive speeds over 120 plus miles per hour, or more, could result in Reckless Driving charges. Another example occurs when a person drives at an excessive speed while weaving in and out of traffic. Or, a driver failing to obey traffic signals. Also, Reckless Driving may occur if a driver fails to yield the right of way, or engages in street racing. Simply put, Reckless Driving includes any conduct that endangers the safety of others on the road.

RECKLESS DRIVING CONSEQUENCES
A Reckless Driving conviction is a misdemeanor, which carries significant penalties, including fines, license ramifications, and even potential jail time.

First Offense Conviction
A first offense Reckless Driving conviction is a Class 2 misdemeanor. In Arizona, the maximum penalties for a Class 2 misdemeanor are:
--Up to four months in jail
--A fine of up to $750, plus surcharges and assessments
--Up to two years of probation

It is important to note the actual penalties for a Class 2 misdemeanor depend on each case. And, any prior criminal record the defendant may have. Additionally, a Class 2 misdemeanor Reckless Driving conviction carries long-term consequences. This includes difficulty obtaining employment or housing. In addition, loss of certain civil rights, damage to reputation, and higher vehicle insurance rates.

Second Offense Conviction Within 24 Months
A second offense Reckless Driving conviction within 24 months is a Class 1 misdemeanor. In Arizona, the maximum penalties for a Class 1 misdemeanor are:
Up to six months in jail; A fine of up to $2500, plus surcharges and assessment; Up to three years probation

Actual penalties depend on the circumstances of the case and any prior record. In addition to the penalties imposed by the court, a misdemeanor conviction can also have long-term consequences, including difficulty in obtaining employment or housing, loss of certain civil rights, and damage to reputation.

DRIVER'S LICENSE RAMIFICATIONS FOR RECKLESS DRIVING
A Reckless Driving Conviction carries a driver's license points assessment against a driver's license (8 points). Indeed, a Reckless Driving in Arizona requires the driver to complete Traffic Survival School (TSS). Additional driver's license ramifications include possible insurance rate increases and a court-imposed 90-day driver's license suspension. It is important to note there is not an "automatic" license reinstatement. Rather, a person must take action and pay a reinstatement fee.

POTENTIAL RECKLESS DRIVING DEFENSES
There are some potential reckless driving defenses. Indeed, a defendant may assert no reckless driving or mistaken identity. Specifically, these are defenses asserting no proof beyond a reasonable doubt. Another potential Reckless Driving defense is alleging an emergency, or necessity.

The "necessity defense" is a legal defense available in Arizona that may allow a defendant to avoid criminal liability. Simply put, the defendant argues there was no choice but to commit the offense and avoid a greater harm.

Under Arizona law, the necessity defense is available when the defendant's conduct was:
--Necessary to avoid a significant and imminent harm to the defendant or others;
--Reasonable, in light of the potential harm;
--Not brought about by the defendant's own recklessness or negligence;
--No other effective means available to avoid situation

Examples of necessity include a driver forced to speed in order to rush someone to the hospital or for some other emergency. However, the necessity defense is obviously not always available. Reckless Driving defendants who believe they may have a valid necessity defense should consult with an experienced criminal defense attorney.

In this video, Criminal Defense and DUI Lawyer Jeremy Huss of Huss Law discusses Reckless Driving in Arizona. Anyone with any questions may contact Huss Law today!