In Arizona, drivers are expected to remain in control of their vehicle at all times and stay in compliance with all state laws and statutes designed for keeping roadways safe. According to A.R.S. §28-693, a reckless driving incident can be charged when a person chooses to drive their vehicle with reckless disregard that has an impact upon the safety of other people or property.
In some instances, reckless driving can be used during DUI cases when a prosecutor offers this as an option to a defendant during negotiations. If a defendant decides it is in their best interest, then they can have the opportunity to plead guilty to the reckless driving charges to avoid the harsher penalties that can be issued for a DUI. Although every case can be different, this can be an advantageous move for those who are hoping to avoid serving jail time. This is because reckless driving charges do not carry a mandatory jail time sentence, while even first-time DUI convictions will require a minimum period of time served in jail.
If your case is currently classified as a DUI, then you can also click here to find out more about DUI offenses in the state of Arizona. If you have been suspected of or arrested for Reckless Driving in Arizona, contact us at (602) 737-2812 to schedule a free case consultation.
Potential Penalties for Reckless Driving
Per ARS §28-693, Reckless driving in Arizona can result in several possible punishments depending upon if it is your first offense or if you have prior charges. If this is your first offense, then you will be charged with a class two misdemeanor. This charge includes the following punishments that can be issued according to the details of your case:
- Up to 4 months of time in jail
- $750 fine with 84% in surcharges ($630)
- Possible 90-day suspension of your driver’s license
Those who are charged with a second offense of reckless driving during a two-year period after their first conviction will face harsher penalties. These include the following penalties that can be issued for a class one misdemeanor:
- Mandatory minimum of 20 days in jail
- Possible additional 6 months in jail
- $2,500 fine with 84% in surcharges ($2,100)
- Possible revoked license
Defenses for a Reckless Driving Charge
For you to be convicted of reckless driving, the prosecutor must be able to prove that you intentionally operated your vehicle recklessly and jeopardized the safety of other people or property. If you can prove that there were not pedestrians, other vehicles or structures around at the time of the incident, then you may be able to have the charges dropped. Depending upon the actions that are being classified as reckless, it may also be possible to prove that they do not qualify for reckless driving.
At DM Cantor, our legal team fights reckless driving charges in Arizona aggressively to ensure that our clients do not incur the heavy penalties that can be handed down with a conviction. Therefore, we may also include other defenses that focus on your constitutional rights such as the possibility that your Miranda rights may have been violated. If we find that you were not given the opportunity to seek legal counsel or that you were forced to make statements without legal representation, then it may be possible to have your charges dropped. We can also examine all presented evidence to determine if there may be flaws in medical tests, police reports and the crime scene analysis. Even one mistake proven can create enough doubt that a court might not find you guilty.
If you are facing reckless driving in Arizona, then it is important for you to seek assistance from a lawyer with experience in handling reckless driving cases. For a free initial consultation, call us 24 hours a day at 602-737-2812, or you can click here to contact us now so we can help you with your reckless driving case.