Reckless Driving In Arizona – Frequently Asked Questions
What is reckless driving in Arizona?
The law:
A person who drives a vehicle in reckless disregard for the safety of person or property is guilty of reckless driving.
What does reckless driving really mean?
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What are some examples of reckless driving in Arizona?
- Egregious speeding. This depends on the jurisdiction, but sometimes we see reckless driving tickets together with excessive speed tickets when the speeds are 40, 50, 60, or more mph over the posted speed limit.
- A pattern of moving violations. If a police officer observes a driver commit a series of moving violations, he might write a ticket for reckless driving or aggressive driving.
- Donuts or burnouts on private property.
- Some traffic accidents can result in a reckless driving ticket. Most accidents are just a driver mistake, but if the driver was doing something like speeding or a burnout that caused the accident, a reckless driving ticket might be issued.
What are the penalties for a FIRST reckless driving conviction in Arizona?
Possible Penalties:
- A class 2 misdemeanor conviction
- Fines up to $750 plus surcharges and court assessments that could nearly double the total fine
- Up to 4 months in jail.
- Up to 2 years probation
- The judge may suspend your driving privileges for up to 90 days. See A.R.S. 28-693(C).
Likely Penalties:
- Class 2 misdemeanor conviction.
- Fines less than the maximum
- Jail time is rare, but it does happen. We most often see jail in city courts like Scottsdale City Court.
- Probation is rare.
Collateral Consequences:
- 8 points on your driving record.
- Increased insurance rates
- Traffic Survival School
- Immigration issues
- License suspension depending on the driver’s history and accumulation of points
- Having to disclose a criminal conviction on job applications
What are the penalties for a SECOND reckless driving conviction in Arizona?
A reckless driving conviction becomes a class 1 misdemeanor with mandatory jail time if you have been convicted in the previous 24 months of any of the following violations:
- reckless driving
- negligent homicide with a car
- manslaughter with a car
- racing
- DUI
- extreme DUI
- aggravated DUI
Minimum penalties for a second reckless driving conviction include:
- Minimum 20 days in jail with the possibility of up to 6 months in jail.
- The fine increases to $2,500 plus surcharges, bringing the total possible fine close to $5,000.
- Up to 3 years probation.
- Mandatory 1 year license revocation.
- Plus all of the collateral consequences that go with any reckless driving conviction.
See A.R.S. 28-693(D).
Arizona Reckless Driving Defense Lawyers
David Enevoldsen, Partner
My favorite thing about being a criminal defense attorney is getting my client’s charges dismissed at trial. Driving on the beautiful Arizona highways is a close second.
Chris Rike, Partner
I love being a criminal traffic defense attorney because it marries two of my favorite things: cars and fighting for the rights of drivers.
How To Defend A Reckless Driving Ticket
Legal Issues:
- If the reckless driving charge is speed-related, is the speed measurement defective?
- Did the officer lose visual contact of the vehicle?
- Do the allegations meet the statutory requirements? For example, were there people or property nearby to “recklessly disregard”?
- Did some emergency circumstance exist that necessitated reckless driving?
- Is what the officer is claiming even possible?
Other Considerations:
- Is it possible to negotiate a plea to something less?
- How is your driving history?
- What is your background?
- What is your immigation status?
- Have you done a lot of community service?
- How did you treat the officer during the traffic stop?
- Is Veteran’s Court an option?
Is reckless driving a jury eligible charge in Arizona?
Yes, reckless driving is a jury-eligible charge, so instead of a judge, you could choose to have a selection of people from the court’s jurisdiction decide whether or not you were driving recklessly.
How many points is reckless driving?
8 points.
If you are convicted of reckless driving, the court where you are convicted will transmit a record of that conviction to the Arizona Department of Transportation, Motor Vehicles Division (MVD for short). When the MVD is notified of a conviction, they will assess 8 points on your driving record. Check out this post for more discussion about points.
8 points means that the MVD will send you a letter saying you have to complete an 8-hour Traffic Survival School (TSS) class to avoid a license suspension. If you have taken TSS in the previous 24 months, you will just get a 3-month suspension.These MVD consequences are in addition to any consequences imposed by the court.
Even if you do not have an Arizona driver license, the Arizona MVD will still impose essentially the same penalties. The MVD will create a record for you, send you the same letter about traffic survival school, or issue a suspension of your driving privileges.
These MVD consequences will likely also impact an out of state driver license. Arizona, and most other states, participate in an interstate Driver License Compact. This is an agreement between states to share information about driver license records and suspensions.
My car was impounded for reckless driving. When can I get it back?
Arizona law says that if the police believe a driver was engaging in reckless driving, then the officer shall impound the vehicle. A big problem with this, in our mind, is it allows for the impounding of an innocent driver’s vehicle without any due process (surprise, the courts don’t care). The impound is for 20 days. After the 20 days run, the driver may go retrieve the vehicle with their valid driver license and proof of registration.
Getting A Car Out Of Impound
If the person cited with reckless driving is the only owner of the vehicle at the time of impound, the car won’t be released until the impound time runs. After the 20 days run, the owner may go retrieve the vehicle with their valid driver license and proof of insurance and registration.
If there is another owner besides the person who was driving when the car was impounded, that owner can get the car back anytime. Here again, the owner will need to show a valid license and proof of insurance and registration.
See A.R.S. 28-3511(A)(3) for the impound law.
Can you expunge a reckless driving conviction in Arizona?
Arizona only permits expungement in limited circumstances. Reckless driving is not one of those circumstances.
Although expungement is not possible, setting aside the conviction is possible. See our page about setting aside convictions for more details.
Arizona now has a pathway to “seal” the records related to a reckless driving conviction. This is not the same as an expungement, but it comes close. You can read more about sealing of criminal records here.
Can I get a ticket in Arizona for reckless driving just for speeding?
Yes. Many police officers (and judges unfortunately) believe that speeding can present a reckless disregard for the safety of people or property. The likelihood of a reckless driving ticket from speeding increases as the speed increases. We see this combination often in Scottsdale City Court.
What is the court process for a reckless driving ticket?
Each case is unique and your specific circumstances will determine what may happen, but the basic sequence of a case is this:
1. Arraignment
The date on your ticket is the arraignment date. This is when you, the defendant (or your attorney) appears before a judge and enters a plea of not guilty or not guilty.
2. Pretrial Conferences
A Pretrial conference is a meeting between the prosecutor and the defendant (or your attorney) to see if a resolution can be reached and to make sure the defendant is getting the information they need (discovery).
3. Discovery
Discovery just means information gathering. It involves requesting and reviewing evidence which may include reports, witness statements, video, radar or lidar calibrations, and more.
4. Negotiation
Negotiation, which can include a deviation request, is essentially making an argument to the prosecution requesting a reduced charge based on the information uncovered during discovery and other mitigating details, such as the defendant’s driving record or background.
5. Resolution
This could involve a change of plea hearing if an agreement has been reached with the prosecution, or a trial.
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