Commuting to and from work can be the most stressful part of the day for many people. No one is in their best mood while they navigate Pima’s traffic, and it can put the best of us on edge. If you are facing charges after a road rage incident, Suzuki Law Offices is here to help.
Our Pima criminal defense lawyer is deeply knowledgeable about road rage-related offenses in Graham County and is ready to aggressively fight for your rights in court.
One of the many things that sets us apart is that our legal team is entirely composed of former prosecutors. It is hard to find a better Pima road rage defense lawyer than one with an intimate understanding of how the prosecution works.
We passionately believe in everyone’s right to a competent and aggressive defense and are here to provide it.
Understanding Road Rage
The term ‘road rage’ does not necessarily hold a legal definition in Arizona. Instead, it explains a type of incident that may have resulted in aggressive driving or other driving or assault charges. A charge of aggressive driving in Arizona is outlined in ARS §28-695 as an instance where an individual commits two or more of the below violations while speeding:
- Failure to obey traffic control devices
- Overtaking a vehicle on the right by driving off the pavement or main portion of the road
- Unsafe lane change
- Following too closely
- Failure to yield to the right of way
Reckless Driving
Reckless driving is a charge that commonly accompanies a road rage incident. This is detailed in ARS §28-693 as a person who drives a vehicle in reckless disregard for the safety of others or their property.
Part of the qualification for aggressive driving also includes driving that is an immediate hazard to another person or vehicle, meaning these are frequently charges you may see together.
Disorderly Conduct
If a road rage incident is more than just some tailgating and aggressive honking, disorderly conduct is a charge you may be facing. According to ARS §13-2904, this includes generally disorderly behavior such as fighting or other violent and disruptive behavior. Disorderly conduct charges may also apply to behavior such as:
- Use of abusive or offensive language or gestures in a manner meant to provoke immediate physical retaliation
- Recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument
- Intent to disrupt a lawful meeting or business transaction or failure to obey a lawful order to disburse for public safety reasons
Physical Assault
If the incident escalates beyond the vehicle or to physical contact with the other person, the prosecutor may pursue charges of physical assault.
This is possible under Arizona statute §13-1203 if there is evidence that you intentionally, knowingly, or recklessly caused physical injury to another person or caused reasonable uncertainty of imminent physical injury. Assault charges may be applicable if they knowingly touched another person with the intent to injure, insult, or provoke the person.
Aggravated Assault
An aggravated assault charge is an assault mentioned above but with aggravating circumstances. Aggravating factors are generally any factor that increases the severity or threat of the action. Some aggravating factors listed in 13-1204 that are more commonly seen in road rage incidents include:
- Serious physical injury
- Use of a deadly weapon
- If the person commits the assault by any means of force that causes temporary but substantial disfigurement or impairment of any organ or fracture of any body part
- If the assault is committed while the victim is restrained in any way
- Against an individual of protected status
- Impedes normal breathing or circulation
Penalties
The above charges vary in severity and the penalties they are associated with. Generally, aggressive or reckless driving that does not cause significant injuries is a misdemeanor charge. These will generally result in fines, confinement, or probation after 20 days served.
Driving-related offenses may also cause a license suspension or revocation. Your insurance coverage may increase significantly, or your insurance provider may drop you. Additionally, having your license reinstated after suspension can be time-consuming and costly.
Disorderly conduct can be classified as a class 1 misdemeanor or a class 6 felony, depending on the use of a deadly weapon or dangerous instrument. If you are convicted of one of these charges, you may face significant jail time, fines, and probation upon release. A conviction of assault or aggravated assault will often be a felony conviction.
Defenses in a Road Rage Situation
The ideal outcome for any defense attorney is to get your charges dropped. If that is impossible, we fight to reduce the charges or sentencing. A Pima road rage defense attorney may achieve these outcomes in several ways, but some are more standard than others.
Self Defense
A self-defense strategy is based on the belief that your actions were in response to a sincerely perceived threat from the defendant. This may include challenging the defendant’s actions or suggesting those actions could have been perceived as threatening. Therefore, your actions were an effort to prevent harm to yourself.
Evidence Credibility
A defense surrounding evidence credibility is meant to challenge the strength of the prosecutor’s case. This may mean challenging the validity of the evidence they collected. Infidelity to procedural requirements may also invalidate significant pieces of evidence.
Provocation mitigation
Provocation mitigation is a defense designed to minimize the severity of your actions by showing that the other party took steps to provoke you into the behavior. This type of defense usually has a goal of reducing charges or sentencing. A skilled road rage defense attorney in Pima will evaluate the evidence to determine the best defense for your case.
Call a Road Rage Defense Lawyer in Pima Today
If you are facing charges related to a Pima road rage incident, there can be severe repercussions if it is left to chance. You need an experienced road rage defense lawyer in Pima to fight for your rights and drop or reduce charges. At H& P Law, we have that experience and dedication.
Call us today for a free case consultation. We are committed to providing exceptional representation, and our client reviews show that. Everyone deserves a competent and valid defense regardless of the situation.
Call or text (602) 682-5270 or complete a Free Case Evaluation form