ARS 28-695: Aggressive driving
The complete text of A.R.S. § 28-695 on aggressive driving, what the State has to prove, and the sentencing range, with a violation charged as a class 1 misdemeanor and exposure reaching up to 6 months in jail.
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What the State Must Prove Under § 28-695
A.R.S. § 28-695 is the Arizona statute on aggressive driving. The statute sets out 2 ways the offense can be committed. A violation is a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 6 months in jail.
A. A person commits aggressive driving if both of the following occur:
- During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:
- The person’s driving is an immediate hazard to another person or vehicle.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 28-695 Conviction
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 28-695
A. A person commits aggressive driving if both of the following occur:
1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:
(a) Failure to obey traffic control devices as provided in section 28-644.
(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.
(c) Unsafe lane change as provided in section 28-729.
(d) Following a vehicle too closely as provided in section 28-730.
(e) Failure to yield the right-of-way as provided in article 9 of this chapter.
2. The person’s driving is an immediate hazard to another person or vehicle.
B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.
C. In addition to any other penalty prescribed by law:
1. A person convicted of a violation of this section shall attend and successfully complete approved traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.
2. The court shall forward the abstract of conviction to the department and may order the department to suspend the person’s driving privilege for thirty days.
D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section within a period of twenty-four months:
1. The person is guilty of a class 1 misdemeanor.
2. In addition to any other penalty prescribed by law, the court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall suspend the driving privilege of the person for one year.
E. The dates of the commission of the offense determine whether subsection D of this section applies. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.
F. After completing not less than forty-five consecutive days of the suspension period required by subsection D of this section, a person whose driving privilege is suspended for a violation of this section and who is sentenced pursuant to subsection D of this section may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144.
G. For the purposes of this section, “course of conduct” means a series of acts committed during a single, continuous period of driving.
Source: Arizona Revised Statutes § 28-695, Arizona Legislative Council revision of 09/20/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
Related Statutes in Title 28 — Criminal Traffic
- A.R.S. § 28-693 — Reckless driving
- A.R.S. § 28-708 — Racing on highways
- A.R.S. § 28-676 — Causing serious physical injury by use of a vehicle
- A.R.S. § 28-675 — Causing death by use of a vehicle
- A.R.S. § 28-672 — Causing serious physical injury or death by a moving violation
- A.R.S. § 28-664 — Duty on striking unattended vehicle
- A.R.S. § 28-663 — Duty to give information and assistance
- A.R.S. § 28-662 — Accidents involving damage to vehicle
How Tamou Law Group Defends § 28-695 Cases
A § 28-695 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 1 misdemeanor and something far less serious, and it is where these cases are won.
We handle aggressive driving cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 28-695?
A.R.S. § 28-695 is the Arizona statute on aggressive driving. A violation is a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 28-695 a felony in Arizona?
No. Under the statute a violation is a class 1 misdemeanor, so the exposure reaches up to 6 months in jail. The paragraph charged and the facts decide which class applies.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 28-695?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/20/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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