Reckless driving is more than a mere traffic violation – it’s a serious offense that can significantly impact your life, freedom, and future. As the roads and highways thrum with life, drivers make decisions in split seconds, many of which have far-reaching consequences. When these decisions are deemed reckless, the results can be daunting, leading to criminal charges that demand immediate attention. Understanding what constitutes reckless driving and its implications is essential for anyone who finds themselves on the wrong side of the law. If you’re navigating the complexities of a reckless driving charge, or simply want to stay informed, you’re in the right place. Read on to equip yourself with vital information on this significant topic.
Reckless Driving Charges in Arizona
Aiding and Abetting in Reckless Driving Offenses Explained
Aiding and abetting in the context of reckless driving refers to knowingly assisting or encouraging another person in committing the offense.
For example, let’s say John is driving, and his friend Mike is in the passenger seat. Mike encourages John to drive at excessive speeds in a residential area for the thrill of it, even filming the act to share on social media. Even though Mike isn’t the one driving, his encouragement and participation in the act could be construed as aiding and abetting reckless driving.
Another example might be if a parent knowingly allows their underage child, who doesn’t have a driver’s license, to take the family car out for a spin, leading to reckless driving. The parent’s action in this scenario could be considered aiding and abetting.
Arizona's Reckless Driving Statute - Simplified
Reckless Driving is a serious criminal offense in Arizona, governed by the following statute:
Arizona Revised Statutes (ARS) § 28-693 – Reckless Driving
A. If a person drives a vehicle without regard for the safety of people or property, they can be charged with reckless driving.
B. If you’re found guilty of reckless driving, it’s considered a class 2 misdemeanor.
C. The judge might ask you to give up your driver’s license to the police. The court will also notify the Department of Motor Vehicles (DMV) of your conviction, and your driving privileges may be suspended for up to 90 days.
D. If you’ve previously been convicted for reckless driving or related offenses within the last two years:
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- You will be charged with a class 1 misdemeanor.
- You cannot be granted probation, pardon, sentence suspension, or any form of release until you’ve spent at least 20 days in jail.
- The judge might ask you to surrender your driver’s license to the police, and your conviction will be reported to the DMV.
- The DMV will suspend your driving privileges for one year upon receiving the conviction notice.
E. If you knowingly assist someone in committing reckless driving, you’ll be charged with a class 2 misdemeanor. A repeat offense within two years becomes a class 1 misdemeanor.
F. The 24-month period for repeat offenses is determined by the dates when the offenses were committed, not by the order of convictions. Repeat offenses don’t include convictions for crimes committed in the same incident.
G. If you receive a jail sentence for reckless driving and you are either employed or a student, the court might allow you to continue working or attending school for up to 12 hours a day, five days a week. You’ll spend the rest of your time in jail until you’ve completed your sentence.
H. After serving at least 45 consecutive days of the suspension period required by subsection D, a person may apply for a restricted driver’s license that allows them to drive during the suspension period subject to the restrictions described in section 28-144.
Please remember that this simplification is meant to help you understand the statute better. It does not substitute for legal advice, and the actual law contains more specific language and conditions. Always consult with a legal professional or contact Tamou Law if you have questions or need advice.
How We Can Help
- Investigating the Facts: Each case has unique factors and circumstances. We diligently investigate the specifics of your situation, gathering evidence from the scene of the alleged offense, examining police reports, and interviewing witnesses, no matter where the incident occurred – be it Glendale, Gilbert, or Scottsdale.
- Challenging the Evidence: We rigorously challenge the prosecution’s evidence. From Phoenix’s bustling highways to Tucson’s tranquil roads, law enforcement can make mistakes. We scrutinize whether proper protocols were followed and check the accuracy of any speed detection devices or dash cams used.
- Establishing a Defense Strategy: We construct a robust defense strategy tailored to your specific case. This could involve demonstrating that your driving was not actually reckless, proving a case of mistaken identity in the busy streets of Mesa, or showing that an emergency situation necessitated your driving behavior in Chandler.
- Negotiating Plea Deals: If applicable, we’ll negotiate with prosecutors to reduce your charges or the penalties you face. Whether you’re in the heart of Phoenix or the outskirts of Glendale, our strong negotiation skills come into play.
- Representation in Court: If your case goes to trial, we’ll provide powerful representation, advocating for your interests. From Scottsdale’s local courts to state courts in Gilbert, we’re prepared to fight for you every step of the way.
In all of Arizona’s most populated cities, from Phoenix to Tucson, Mesa to Chandler, and Glendale to Gilbert, Tamou Law stands ready to offer top-tier defense against reckless driving charges. If you or a loved one is facing such charges, contact us today for a consultation.
Sentencing Guidelines for Reckless Driving in Arizona
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First Time Offenders
If you’re found guilty of reckless driving for the first time, you may face:
- a Class 2 misdemeanor.
- Up to 30 days in jail
- A fine up to $500
- Potential suspension of your driving privileges for up to 90 days.
Repeat Offenders
If you’ve been convicted of reckless driving or related offenses within the last two years, the penalties escalate to:
- You’ll be charged with a Class 1 misdemeanor and cannot be granted probation, pardon, sentence suspension, or any form of release until you’ve spent at least 20 days in jail.
- You will have to surrender your driver’s license and your driving privileges will be suspended for one year.
- Additional fines and fees will incur.
Aiding or Abetting in Reckless Driving
- If you knowingly assist someone in committing reckless driving, you’ll face the following penalties:
- First offense: You’ll be charged with a Class 2 misdemeanor, potentially leading to up to 30 days in jail and a fine of up to $500.
- Repeat offenses within two years: This situation elevates to a Class 1 misdemeanor with the same potential consequences as repeat offenders of reckless driving, which include a mandatory minimum of 20 days in jail and a potential maximum of 6 months, along with other penalties.
Contact Us Today
If you or a loved one is facing reckless driving charges in Arizona, it’s crucial to consult with an experienced criminal defense attorney at your earliest convenience. At Tamou Law Group PLLC, we recognize the grave implications of reckless driving charges and are dedicated to offering our clients the well-informed and assertive representation required to safeguard their rights and freedoms. We serve clients throughout Arizona, including Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, Surprise, and Flagstaff. Contact us today at 623-321-4699 to arrange a consultation and discover more about how we can assist with your reckless driving case.