Aggressive Driving Possible Defenses
The Arizona Aggressive Driving statue is complex and requires the State to prove beyond a reasonable doubt three types of violations and that your acts posed an immediate hazard to another. Each Aggressive Driving case stands on its own facts and circumstances. However, some defenses that have proven to be successful against this charge and may apply to your case are:
- Burden of Proof. The burden of proof in a criminal charge is beyond a reasonable doubt. This means that the State will have to prove beyond a reasonable doubt that you were (1) speeding or criminally speeding, (2) committed two of the enumerated moving violations, and (3) your driving presented an immediate hazard to another. It is difficult for the State to prove the charge beyond a reasonable doubt due to the number of elements. Sometime the State may be able to prove the speeding and both moving violation but not that you presented an immediate hazard, or any combination of the sort. The State has to prove all elements of the charge.
- Sequence of Violations. Each of the elements of the charge must have occurred during a “fluid and continuous” period of driving. Meaning, the speeding, moving violations, and the immediate hazard cannot occur when there is a break between one of the violations, the violations must be done simultaneously. An Officer cannot charge aggressive driving if you are observed speeding, then drive safely and pursuant to the traffic code, and later then commit two moving violations and pose an immediate hazard.
- Method of Calculating Speed. There are many ways in which an Officer can measure your speed: radar, laser, and pacing are just a few of the methods. It is possible there is a flaw in the manner in which the Officer measured your speed to establish the first element of the charge, speeding.
It is important to note that the above are just a few of the possible defenses to an Aggressive Driving charge. Each case stands on its own set of facts and circumstances. One defense that works in one case may not work in a different case, even if the facts are similar. The attorneys at the Law Offices of Brandon White have a vast amount of experience in these types of cases and have a successful history in having this type of charge reduced or even dismissed.
