Reckless Driving, Speeding, and Traffic Charges in Arizona: A Helpful Guide

Getting a traffic ticket can be a frustrating and stressful experience for anyone. As drivers, we’ve all been there – those flashing lights in the rearview mirror as we get pulled over for speeding, reckless driving, or some other traffic violation. While it’s easy to feel angry or defeated in the moment, it’s important to stay calm, know your rights, and understand the legal process ahead.

This article aims to provide a helpful, conversational guide to reckless driving, speeding, and other traffic charges in Arizona. We’ll break down the common offenses, penalties, and defenses in simple terms, as well as provide tips on fighting your ticket. Think of this as your roadmap for navigating the confusing legal system with a traffic ticket. Let’s drive through this together, step-by-step.

What is Considered Reckless Driving in Arizona?

Reckless driving is defined under Arizona Revised Statutes 28-693 as driving a vehicle with “reckless disregard for the safety of persons or property.” This is considered a criminal traffic offense in Arizona, unlike a standard civil speeding ticket.

Reckless driving is typically charged when a driver:

• Travels 25+ mph over the speed limit
• Drives dangerously fast for road conditions (like speeding on a winding road or in a school zone)
• Illegally passes other vehicles
• Swerves through traffic
• Follows too closely/tailgates
• Fails to yield right-of-way

Simply speeding usually isn’t enough to warrant a reckless driving charge on its own. But speeding combined with other negligent driving can lead to a violation.

Penalties for Reckless Driving

A first-time reckless driving offense is a Class 2 misdemeanor in Arizona, punishable by:

• Up to 4 months in jail
• Fines up to $750
• Up to 2 years probation
• Driver’s license suspension up to 90 days

A second reckless driving offense within 24 months becomes a Class 1 misdemeanor, with harsher penalties:

• Mandatory minimum 20 days in jail, up to 6 months
• Fines up to $2,500
• License revocation

What About Speeding Tickets in Arizona?

Arizona has both civil and criminal speeding laws on the books.

Civil speeding tickets are infractions issued under ARS 28-701. Fines vary based on how much over the limit you were driving, ranging from around $150-300 for 10-15 mph over. No jail time is issued for civil speeding.

Criminal speeding charges can be filed under ARS 28-701.02 if you exceed certain speed thresholds, such as:

• Driving over 35 mph in a school zone
• Going 20+ mph over the limit in a residential/business district
• Going over 85 mph anywhere

Criminal speeding is a Class 3 misdemeanor, punishable by up to 30 days in jail and $500 fines.

Defenses Against Traffic Tickets

While traffic citations can feel intimidating, there are defenses you can raise to potentially get the charges reduced or dismissed, including:

• Lack of evidence – The officer doesn’t show up in court, or the evidence is insufficient to prove reckless driving beyond a reasonable doubt.
• No criminal intent – You can argue there was no intent to drive recklessly and endanger others. For example, you were briefly speeding to pass a car before slowing down.
• Necessity – You had to drive recklessly to avoid an emergency, like swerving to avoid an accident.
• Radar calibration errors – You can argue the radar gun used by police was inaccurate. Retaining an expert witness can help make this case.
• Medical emergency – Raising health issues like low blood sugar that impaired driving ability.
• Incorrect procedures – Arguing your rights were violated during the traffic stop, like an unlawful search.

Tips for Fighting Traffic Tickets

If you receive a traffic citation in Arizona, here are some tips to build your strongest case:

• • Remain calm – Keeping a level head can help you recall details accurately and avoid self-incrimination.
  • Record details – Document the officer’s name/badge number, location, weather conditions and other key facts. Take photos of the scene.
  • Obtain evidence – Request records like dash cam footage through the discovery process. Check your car’s speedometer calibration.
  • Hire a lawyer – An experienced traffic attorney knows how to examine evidence and raise technical defenses. They can negotiate reduced charges or dismissals through plea deals.
  • Go to traffic school – Attending defensive driving school shows the judge you’re taking it seriously and can prevent points on your license.

In Arizona, to determine if you are eligible to participate in an Arizona Defensive Driving course, first select a school and submit your information. The school will conduct a court database check once you register to make sure you are eligible. You can check your eligibility on the Arizona Judicial Branch website. Requirements for taking a defensive driving course include not attending a Defensive Driving course for an eligible traffic citation issued within the past 12 months, driving a vehicle requiring a Class D or a Class M license, and the vehicle not being used for commercial purposes. After successful completion of an Arizona-certified defensive driving program, the court is required to forward the record of judgement to Arizona Motor Vehicle Division, however no points are assessed to the driver’s record. Other states like California also offer traffic school as an option for drivers to keep a point off their driving record. You can contact the court to find out if you are eligible and sign up for an approved traffic school. The DMV has a list of approved traffic schools. If you complete traffic school, you don’t get the point added to your DMV record (if you have a noncommercial drivers’ license). If you have a commercial drivers’ license, the rules are different. Michigan also offers a Basic Driver Improvement Course (BDIC) for drivers to avoid points on their driving record. The course sponsor will notify the Michigan Department of State electronically that you have passed the course. The Michigan Department of State will not add any points from the ticket to your driving record and will not show the ticket information to insurance companies. The ticket information (but not the points) is still placed on your record, though, and may be used for other purposes.