Aggressive Driving Defense Attorney in Phoenix

In Phoenix, Arizona, getting charged with aggressive driving is a serious offense. It's not just a simple traffic ticket; it's a criminal charge that can lead to jail time, big fines, and a mark on your record. If you add in the potential of losing your driving privileges and seeing your insurance rates skyrocket, it's clear this isn't something to brush off. That's why getting the full picture of Arizona's aggressive driving laws is essential. And if you find yourself in this situation, hiring an attorney is a huge advantage to protect your rights and get a just outcome.

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If you have been charged with aggressive driving in Arizona, contacting a criminal defense attorney is important. When you hire the Nava Law Firm, you'll partner with an experienced criminal defense attorney who will work meticulously to defend your rights. Contact our firm today and schedule a free consultation to learn more about how we can help you.

Aggressive driving isn't merely being in a hurry or showing frustration on the road. In Arizona, the criteria for aggressive driving involve specific, dangerous actions that pose an immediate threat. Being charged can have long-lasting repercussions on one's record and day-to-day life. 

According to Arizona Revised Statutes §28-695, a person commits aggressive driving if all three actions occur.  The driver poses an immediate threat to another individual or vehicle;

The person is driving at excessive speeds, and the driver engages in a minimum of two of the subsequent moving infractions:

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• Failure to obey traffic control devices (section 28-644): This refers to not adhering to traffic signals (like red, yellow, or green lights) or traffic signs (such as stop or yield signs). It's a foundational traffic rule, and violating it can lead to dangerous situations.

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• Overtaking and passing another vehicle on the right off the roadway (section 28-724): Drivers should generally avoid passing vehicles on the right unless it's safe and allowed. In Arizona, it's prohibited to overtake another vehicle by driving off the paved or main traveled portion of the road. This maneuver can be dangerous, leading to potential collisions.

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• Unsafe lane change (section 28-729): This violation pertains to changing lanes without ensuring it's safe to do so. It requires drivers to ensure they aren't cutting off other drivers, which could lead to a dangerous reaction or crash.

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• Following a vehicle too closely (section 28-730): Also known as "tailgating," this is when a driver follows another vehicle more closely than what is considered safe and prudent. Tailgating increases the risk of a rear-end collision, especially if the leading vehicle stops suddenly.

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• Failure to yield the right-of-way (sections 28-771 to 28-775): Yielding the right-of-way is crucial in many driving situations, such as at intersections or when vehicles merge onto highways. Failing to do so can disrupt the flow of traffic and can cause accidents.

Aggressive driving conviction in Arizona results in a class 1 misdemeanor and a permanent mark on one's criminal record. This criminal record can be accessed by employers, housing agencies, and other entities conducting background checks. While many think of traffic offenses as simple citations with fines, aggressive driving in Arizona is a criminal charge. It is prosecuted in the criminal justice system and is not merely an infraction with a fine.

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Here are the penalties for an aggressive driving charge in Arizona:

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• Jail Time: A maximum sentence of 6 months in jail underscores the seriousness with which Arizona views aggressive driving. This punishment is not typical for minor traffic violations.

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• Probation: A driver could also face up to three years of probation, which can include regular check-ins, restrictions on travel, and other terms set by the court.

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• Fines: The maximum fine of $4,575 is substantial, and this doesn't account for potential additional court fees or other related expenses.

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• Driver's License Suspension: The ability to drive can be curtailed or completely halted, which can have profound implications for personal and professional life.

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• Motor Vehicle Division (MVD) Points: An aggressive driving conviction comes with 8 MVD points attached to your license. Accumulating points can lead to several consequences:

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• License Suspension: If you accumulate a certain number of points within a specific period, the Arizona MVD can suspend your driving privileges.

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• Traffic Survival School: Instead of (or in addition to) suspension, drivers might be mandated to attend and complete a traffic survival school. This school is intensive and focuses on behavior and attitude modification to prevent future traffic violations.

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• Insurance Implications: Rate Increase: Convictions like aggressive driving are red flags for insurance companies. They view drivers with such convictions as high-risk, leading to increased premium rates.

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• Coverage Cancellation/Denial: In more severe cases, especially if there are other negative marks on one's driving record, an insurance company may opt to cancel a policy altogether or refuse to provide coverage when the policyholder tries to renew.

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Arizona's aggressive driving laws aim to discourage dangerous behavior on the roads. The consequences are severe, affecting multiple areas of a person's life, from finances to personal freedoms. Given these severe implications, anyone charged with aggressive driving in Arizona should strongly consider seeking legal counsel to understand their rights and potential defenses.