Aggressive Driving in Arizona | Huss Law, PLLC

Aggressive Driving in Arizona | Huss Law, PLLC

In this video, we are going to talk about Aggressive Driving in Arizona. I'll cover the different types of Aggressive Driving and how to deal with them. This video is a must-watch if you're ever in a car accident in Arizona, or if you're just concerned about the safety of yourself and your friends on the road!

Aggressive Driving is a Class 1 Misdemeanor in Arizona defined by Arizona Revised Statute (A.R.S) 28-695. This statute clearly details the specifics of what the State is required to prove to convict a driver of Aggressive Driving.

ARIZONA REVISED STATUTE 28-695
Under A.R.S. 28-695, a Driver commits Aggressive Driving if ALL of the following occur:
*First--The driver must be speeding, whether it be civil or criminal speed.
*Second--The driver's behavior creates an "immediate hazard" to other driver's on the road; AND
*Third--The driver commits at least TWO of the following traffic violations:
(1) Failure to obey a traffic control device (i.e., stop light/stop sign); and/or
(2) Passing another vehicle on the right by leaving the pavement or the traveled portion of the road; and/or
(3) Making an unsafe lane change; and/or
(4) Failure to yield the right of way

Specifically, a driver may be charged with Aggressive Driving when a driver's speeding creates an "immediate hazard" to others plus the driver is committing at least 2 enumerated traffic violations.

AGGRESSIVE DRIVING IS A CRIME
Aggressive Driving carries some significant consequences upon conviction. Indeed, Aggressive Driving is a Class 1 Misdemeanor, which carries up to 6 months jail, 3 years probation, and a fine up to $2500 with an 83% surcharge. In addition, there are also drivers license ramifications and Department of Motor Vehicle ("DMV") issues.

DRIVERS LICENSE & DEPARTMENT OF MOTOR VEHICLE RAMIFICATIONS
The DMV typically takes action post-conviction. The Court will report the conviction to the DMV. An Aggressive Driving conviction imposes 8 points on a person's driver's license. An 8-point imposition triggers either a 30-day suspension or Traffic Survival School ("TSS") requirement. Generally, TSS is the best case scenario if a person is eligible or has not completed TSS in the past year. Successful completion of TSS will result in a ticket dismissal and no points assessed against a person's driver's license. It is important to note that a second Aggressive Driving conviction within 24 months (2 years) carries a 1-year drivers license revocation. Another ramification a person may face is vehicle insurance rate hikes or even denials in coverage due to an Aggressive Driving conviction.

POSSIBLE DEFENSES TO AGGRESSIVE DRIVING
Defenses are generally available in criminal cases and Aggressive Driving is no different. However, defenses often must be found and vetted out by an experienced criminal defense attorney.

The most commonly asserted Aggressive Driving defense is that the driver did not pose an "immediate hazard" to another. Generally, an officer may be the State's only witness or evidence in an Aggressive Driving trial. Many times, patrol officers will focus on and objectively articulate the required traffic violations needed to prove Aggressive Driving. However, Officers may fail to sufficiently articulate the necessary facts to prove an "immediate hazard" as it requires a more detailed and fact-oriented analysis.

An effective Aggressive Driving criminal defense attorney will effectively explore these issues on cross-examination of the officer. Specifically, this includes exploring the officer's vantage point and ability to divide attention between the multiple observations that must be made. Simply put, how did the officer drive safely in traffic and sufficiently observe the multiple elements necessary to prove Aggressive Driving beyond a reasonable doubt.

Additional defenses beyond attacking the facts may also be available. These potential defenses include a right to counsel, voluntariness, and 5th Amendment Miranda issues.

CONSULT WITH AN EXPERIENCED AGGRESSIVE DRIVING ATTORNEY
An Aggressive Driving conviction carries significant penalties. Specifically, a convicted driver faces jail, license suspension/revocation, and potential insurance rate hikes/coverage issues.

There are always a great deal of emotion accompanying vehicular offenses and prosecutions. Aggressive Driving cases are no different. Due to the significant ramifications and high emotions of these cases, it is important to consult with and retain an experienced Arizona Aggressive Driving attorney.

In this video, Arizona Criminal Defense & DUI Lawyer Jeremy L. Huss of Huss Law discusses Aggressive Driving in Arizona.