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Posted on November 15, 2024 in Blog,Vehicular Crimes
Arizona criminal laws use four standards to evaluate a defendant’s state of mind at the time of the alleged offense: intentionally, knowingly, recklessly, and/or criminal negligence. Which standard is applicable for the crime(s) charged is set forth by Arizona law and the prosecution will determine the kind of offense you can be charged with, the types of plea deals that may be available, and the possible punishments that apply upon a conviction.
Here, we discuss the Arizona statutes that apply to reckless driving.
If you are faced with a reckless driving charge, having an experienced Arizona criminal defense attorney to represent you could protect you from potentially severe short and long-term consequences. Rosenstein Law Group can help: our lawyers have extensive experience defending clients against all kinds of accusations of vehicular crimes, including reckless driving.
Contact us at (480) 248-7666 or reach out online to tell us about your situation and to set up a free initial consultation with an experienced Arizona reckless driving defense attorney.
The Arizona reckless driving statute ARS 28-693 states that “A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.”
But what does the term “reckless disregard” mean?
Recklessness falls between negligence and intentional behavior in terms of state of mind. The table below outlines the differences between these four states:
| State of Mind | Description |
| Negligence | Means, with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. |
| Recklessness | Means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk. |
| Knowingly | Means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person’s conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission. |
| Intentionally | Means, with respect to a result or to conduct described by a statute defining an offense, that a person’s objective is to cause that result or to engage in that conduct. |
Arizona law defines what it means to act recklessly. Reckless behavior occurs when:
Under Arizona law, if a person is voluntarily intoxicated at the time and is thus unaware of the risk involved in the behavior, that person is still behaving recklessly, knowingly, and intentionally.
Although the Arizona statute does not explicitly define what reckless regard is, the following kinds of behaviors while operating a motor vehicle are considered reckless:
Whether a police officer cites you for a criminal traffic offense based on negligence or recklessness will depend considerably on the totality of the circumstances. It is often left up to the citing/arresting officer to determine if the act is considered reckless, a determination which would then be challenged in court by an experienced reckless driving defense attorney.
For example, pulling into oncoming traffic in a way that does not allow other vehicles to avoid colliding with yours can be considered negligent and even reckless behavior. A reasonable person should know how to avoid dangerous situations when operating a motor vehicle in Arizona.
However, if you add texting while driving to the same scenario, the arresting officer will likely conclude that you were driving recklessly. Texting while driving created a substantial risk of an accident, of which occurs.
The dividing line between reckless driving and negligent driving can be one that a prosecuting attorney uses to get you to go along with a plea deal. If you get into an accident where you were allegedly speeding at the time, the prosecutor may initially hit you with the more severe crime of reckless driving by claiming that your speed was in reckless disregard of the safety of others.
Plea negotiations offer two primary benefits: they lessen prosecutors’ caseloads and minimize the consequences you may face for your criminal traffic offense.
When negotiating with prosecutors, having an experienced criminal defense attorney representing you is always a good idea.
An experienced attorney can identify valid defenses that could lessen your charge or even lead to an acquittal in court.
The penalties for a reckless driving conviction in Arizona depend on whether it is your first conviction or if you have certain prior convictions within the past two years.
A conviction for a first-time reckless driving charge results in a Class 2 misdemeanor offense. This level of conviction includes the following penalties:
In some cases, at the court’s discretion, you may be allowed up to 12 hours of release for up to five days a week to attend school or work, as opposed to serving straight jail time.
The Arizona Department of Motor Vehicles (the MVD) can also suspend your license for 90 days. However, you may be able to avoid this outcome if you complete traffic survival school and have not already attended that school in the past two years. However, upon conviction, the judge has the discretion to order that your driving privileges in Arizona be suspended but not more than 90 days. If the judge orders the suspension, attending Traffic Survival School WILL NOT avoid the suspension if ordered by the judge.
The Reckless Driving statute imposes additional penalties for a first-time conviction if you have a previous conviction within twenty-four months of any of the following offenses:
If any of these convictions exist, the following penalties apply:
As you may expect, previous convictions of reckless driving within two years (24 months regardless of the sequence of the two incidents) will result in increased penalties, including:
Being convicted of reckless driving in Arizona can have long-term consequences that go beyond jail, probation, fines, and having your driving privileges suspended. At the very least, the conviction will appear on your criminal record that landlords and employers will often check, making it more difficult to find housing and employment.
Reckless driving charges often involve subjective elements that may allow for strong defenses. An experienced attorney can work to reduce your charges or even obtain an acquittal at trial.
What follows are some of the defenses applicable your reckless driving defense lawyer can and should explore on your behalf, depending on the facts of your specific case.
Reckless driving requires that you were aware of a substantial risk of harm given the conditions and chose to act regardless. However, proving beyond a reasonable doubt that you recognized this risk and its potential for harm can be challenging for police and prosecutors.
If you can show that a reasonable person might have done the same thing, it may be possible to reduce a reckless driving conviction to a lesser offense.
The police and prosecutor must follow proper procedures in collecting and handling evidence. Driving over the speed limit isn’t always enough to prove reckless driving.
Problems with the evidence, such as unreliable witness testimony or an inability to clearly prove there was a risk, can create reasonable doubt in their case.
In some cases, the police may accidentally or even deliberately engage in tactics and behaviors that violate your civil and/or constitutional rights. For example, not properly informing you of your rights if you are arrested and subjected to questioning, especially after you say that you do not want to answer any questions, or denying you the right to consult with your lawyer when you ask to do so may be constitutional violations that can result in the case against you being thrown out by the judge.
If you or a loved one have been charged with reckless driving in Arizona, seek assistance from a skilled criminal defense attorney as soon as possible. At Rosenstein Law Group, we will help you with every aspect of your reckless driving case, starting with reviewing the police evidence against you, negotiating with prosecuting attorneys, and aggressively defending you at every stage of the proceedings, up to and including trial.Our team understands what is at stake for you and your family when facing a criminal charge of reckless driving in Arizona. The goal is to formulate the best defense strategy possible to get the reckless driving charges against you reduced or dismissed. When you need a reckless driving attorney, you can contact us for a free consultation of your case by clicking here or by calling us at (480) 248-7666.