Reckless Driving Attorney in Phoenix

Operating a vehicle with behavior that shows blatant disregard for the well-being of others or their property is known as reckless driving. The definition of "reckless driving," as found in A.R.S. § 28-693, can be murky and hard to grasp. However, the statute can be divided into two parts for better comprehension. The latter part, which refers to the "safety of people or property," is relatively easy to understand.

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The more ambiguous part of the definition pertains to "reckless disregard," which is not explicit in the statute. Reckless disregard means that you were aware that your actions carried the following traits:

• A substantial risk of harm or damage 
• You were not justified in taking that risk.
• Your behavior deviated significantly from what a reasonable person would have done. It's worth noting that "gross deviation" is critical as it calls for evidence beyond simple negligence.

Unlike offenses like speeding, which can be quantified, recklessness is defined by your state of mind and whether that can be inferred from the circumstances at hand. Simply put, there are no specific rules to determine with certainty if a particular situation amounts to reckless driving. Although the lack of a clear definition can be frustrating, it allows a seasoned attorney to make convincing arguments in front of a jury.

Depending on the circumstances surrounding the reckless driving charge will depict the penalties for the offense. The following are penalties for reckless driving based on the offender's history.

• Class 2 Misdemeanor: For someone with a clean driving record and no prior offenses, their first offense of reckless driving can result in a class 2 misdemeanor. Punishment for a class 2 misdemeanor is up to four months in jail, a fine of up to $750 (plus surcharges), and a potential 90 suspension of your license.

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• Class 1 Misdemeanor: A second-time offense of reckless driving is considered a class 1 misdemeanor and is punishable by jail time of 20 days to up to six months. This may include $4,000 of maximum fines (plus surcharges) and permanent loss of your driving license.

Penalties for reckless driving include accumulating 8 points on your driver's license per offense, probation for up to three years, and increased insurance premiums.