Have you, or someone you know, been charged with Reckless Driving in Scottsdale, Arizona? You may be wondering what your charges mean and how to protect yourself throughout the judicial process. A skilled defense attorney could help you find relevant information on the definition of reckless driving and the steps you can take to reach the best outcome possible.
If you have been cited for Reckless Driving in the city limits of Scottsdale, odds are that either Scottsdale City Court or Maricopa County Superior Court have jurisdiction over your case. However, regardless of which Scottsdale court is handling your matter, the knowledgeable and seasoned Scottsdale Reckless Driving lawyers at the Law Offices of Brandon White can help you get through your case with your best interests at heart.
What is Reckless Driving?
The Arizona Revised Statutes’ Title 28 contains all the information you need to know for any transportation-related issue. Specifically, A.R.S. § 28-693 covers reckless driving, and it is defined as when “a person drives a vehicle in reckless disregard for the safety of persons or property.” You can find more information on what “reckless” means in A.R.S. § 13-105. According to the statute, recklessness is when “a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists.” If you think that is overly generic, we’d tend to agree with you which makes these violations so often mischarged or overly charged by officers that sometimes they themselves don’t truly understand the definition of Reckless.
Essentially, to be found guilty of reckless driving, it must be determined that the driver was operating in such a way that no reasonable person would have made such a decision given the substantial risk. As a result, there are many ways that a careful review of the facts of your case can help you defend yourself against the charges.
Either way, it’s critical to understand that a reckless driving charge not only carries with it a potential for a criminal record for life, probation, and jail, but a reckless charge can throw up to 8 points on your license, which depending on a driver’s existing record, could cause a suspension of driver’s license!
Possible Defenses for Reckless Driving
Responding to a traffic emergency: demonstrating that you were trying to avoid a collision or swerving to avoid a sudden obstacle
Car malfunction: proving your car experienced a sudden issue that handicapped your ability to drive normally
Whether any persons or property were present: in some cases, your location at the time of the traffic stop can help determine whether or not any persons or property were even in jeopardy
Procedural issues: if throughout the process, any of your rights were infringed on, then you may be able to find relief by better outcomes in your case
While these are just some ways that the evidence can help your case, it’s important to remember that every case is different, so there is no silver bullet that can guarantee that charges will be dismissed or penalties will be reduced. Additionally, because “reckless” can mean a lot of things, the officer who pulls you over has a lot of discretion as to what to consider for your particular case.
Call the Law Offices of Brandon White Today!
As you can probably tell, Reckless driving is considered a serious criminal offense in Arizona, and carries harsh consequences, including but not limited to: a class 2 misdemeanor on your criminal record, jail time, fines, increased insurance rates, and difficulties securing housing or employment. If you don’t want to go it alone and want your rights protected, reach out to our Scottsdale Reckless Driving Lawyers at the Law Offices of Brandon White for a free consultation today!