Obstructing A Highway Or Public Thoroughfare in Arizona
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What does Obstructing a highway mean?
The Plain Language Definition
In this context, “highway” means a road. So anyone who is obstructing, blocking or delaying the passage of vehicles on the road, and who is doing so on purpose, could be charged with obstructing a public highway or thoroughfare.
All of the cases we see deal with obstructing travel on roads. However, there is a part of the statute says you can’t intentionally block people from getting into government meetings or hearings, or a political campaign event.
Obstructing A Highway or Public Thoroughfare, The Legal Definition
13-2906. Obstructing a highway or other public thoroughfare; classification; definition
- A person commits obstructing a highway or other public thoroughfare if the person, alone or with other persons, does any of the following:
- Having no legal privilege to do so, recklessly interferes with the passage of any highway or public thoroughfare by creating an unreasonable inconvenience or hazard.
- Intentionally activates a pedestrian signal on a highway or public thoroughfare if the person’s reason for activating the signal is not to cross the highway or public thoroughfare but to do both of the following:
(a) Stop the passage of traffic on the highway or public thoroughfare.
(b) Solicit a driver for a donation or business.
- After receiving a verbal warning to desist, intentionally interferes with passage on a highway or other public thoroughfare or entrance into a public forum that results in preventing other persons from gaining access to a governmental meeting, a governmental hearing or a political campaign event.
- Obstructing a highway or other public thoroughfare under subsection A, paragraph 3 of this section is a class 1 misdemeanor. Obstructing a highway or other public thoroughfare under subsection A, paragraph 1 or 2 of this section is a class 3 misdemeanor.
- For the purposes of this section, “public forum” has the same meaning prescribed in section 15-1861.
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Frequently Asked Questions
What are the penalties for an obstructing a highway conviction?
This applies to convictions under sections A1 and A2.
Possible Consequences:
-
- Class 1 misdemeanor conviction.
- Fines up to $2,500 plus surcharges and court assessments that could nearly double the total fine
- Up to 6 months in jail.
- Up to 3 years probation
Likely Consequences:
-
- Class 1 misdemeanor conviction.
- Jail is unlikely. Prior convictions will increase the chances of jail.
- Probation is unlikely.
- Fines in the $300-$600 range
- This is not a moving violation, so there are no points associated with this violation.
There can also be collateral consequences:
-
- Immigration issues
- Having to disclose a criminal conviction on job applications
How many points is obstructing a highway?
This charge actually doesn’t come with points from the MVD. In Arizona, only moving violations under title 28 of the Arizona Revised Statutes are reportable to MVD. Obstructing a Highway is under title 13, so it is not reportable to the MVD, and therefore no points.
What are some examples of obstructing a highway?
What we see in our office are charges related to section A(1). These charges often stem from an intersection takeovers or street takeovers. In an intersection takeover, people use their cars and bodies to block travel through an intersection so that other drivers can do donuts or other stunts in the intersection. Anyone whose car is parked in the intersection, or who is physically standing in the intersection blocking traffic, could be charged with obstruction.
We’ve also seen this charge applied to cars who slow down to well below the speed limit on the highway at the start of a street race.
Another possible situation would be if someone parked or stopped their car on a road or highway in such a way that the car was blocking the passage of traffic in a lane.
Section A(2) basically says that a person can’t push the pedestrian button at an intersection to change the light from green to red for the sole purpose of soliciting the cars that are then stopped by the red light. In other words, this is targeted at people at intersections who are seeking handouts.
Seection A(3) is targeting people who are blocking travel for political reasons.
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