Did you receive an aggressive driving ticket? If so, you should reach out and speak to an experienced Chandler aggressive driving lawyer with our firm. Our well-practiced attorneys could provide much needed guidance and help you avoid severe penalties.
What is Aggressive Driving?
In Arizona, Aggressive Driving is defined under ARS §28-695, and occurs if the defendant’s (driver’s) driving poses an immediate hazard to another person or vehicle, while speeding and committing at least two of the following:
Failing to obey a traffic control device
Overtaking and passing another vehicle on the right side by driving off the pavement or the central portion of the roadway
Committing an unsafe lane change
Failing to yield the right of way
IMMEDIATE HAZARD + SPEEDING + 2 of the listed moving violations= AGGRESSIVE DRIVING
What are the Possible Consequences?
A first offense conviction of aggressive driving is a class one (1) misdemeanor. This is the same level of criminal charge as DUI. Just like a DUI, the case will be assigned to a prosecuting attorney to represent the officer and the state. In addition, a driver who pleads guilty or is convicted of aggressive driving gets eight points on their driver’s license. This can cause insurance rates to go up and put the driver in jeopardy of getting their license suspended, especially if they already have other tickets on their record within that same year.
In addition to the class one (1) misdemeanor punishment, the judge can order Traffic Survival School and suspend your driver’s license for up to 30 days. The maximum range of punishment for a class one misdemeanor is one year probation and up to six (6) months in jail, and a fine of up to $2,500.00 plus an 84 percent surcharge.
If a person has previously been convicted of aggressive driving within 24 months of this recent conviction, then they face the additional punishment of a possible driver’s license revocation by the Motor Vehicle Division for one (1) year. Additionally, insurance companies may no longer want to insure a driver with an aggressive driving conviction, so it is beneficial to work with an experienced attorney.
Are there Any Defenses to Aggressive Driving?
It is important to remember to protect your interests when facing any criminal charge, and aggressive driving is no different. If you receive any criminal charges, let one of our local aggressive driving attorneys help you navigate this.
There are possible defenses to an aggressive driving charge and many of them involve attacking one or more of the required elements. For example, if it can be proven that your driving behavior did not pose an immediate hazard to others then it could be a defense to your charge. If you do not have immediate hazard, then you do not have aggressive driving. Another example would be proving that you were not speeding or exceeding the posted speed limit and since that is a required element to meet under the law, it could be a great defense to your case.
As you can see, aggressive driving can be a serious matter with real-world consequences. If you are facing this or any criminal traffic charge in Arizona, pick up the phone and call to schedule a complimentary consult with one of our Chandler aggressive driving lawyers.