You can lose your license if you are convicted of reckless driving in Arizona. Although not mandatory, Arizona law gives judges discretion to revoke the license of individuals convicted of reckless driving for up to 90 days for a first offense.
Aside from license penalties, reckless driving can result in administrative fines and jail time. If you’ve been charged with reckless driving, you need to speak to a Phoenix criminal defense lawyer quickly to assess your options.
Definition of Reckless Driving
ARS 28-693 defines reckless driving as driving with no regard for the safety of others or property. This definition is intentionally broad, and several types of driving behaviors could count as reckless driving, such as:
- Speeding significantly above the posted limit
- Tailgating and following too closely
- Weaving through slower lanes of traffic
- Performing dangerous driving maneuvers (e.g., peeling out)
- Passing traffic within the same lane
- Driving in a threatening or aggressive manner (e.g., brake checking)
- Running stop signs and traffic lights
- Driving the wrong way or in the wrong lane
- Driving too fast for weather conditions
- Driving with too many passengers in a vehicle
A first-time reckless driving offense is usually charged as a Class 2 misdemeanor, absent any aggravating factors like driving drunk. A second reckless driving charge in two years will instead be charged as a Class 1 misdemeanor.
License Penalties for Reckless Driving in Arizona
If you are convicted of a charge of reckless driving, the judge has discretion to suspend your driving privileges. Once you receive your conviction, the judge will send a receipt to the department, which will revoke your driving privileges.
For a first-time offense, your license can be suspended for up to ninety (90) days. For second or subsequent offenses, your license can be suspended for a maximum of one year. While your license is suspended, you will be unable to drive. Driving on a suspended license is itself a crime that can be punished as a Class 1 misdemeanor.
What Determines Whether or Not My License Is Suspended?
License suspensions for reckless driving convictions aren’t mandatory. A judge can decide whether to preserve or revoke your license depending on the facts of the case.
For a first-time reckless driving charge with no aggravating factors, it’s very likely that you can avoid having your license revoked, especially if you have no prior criminal history.
Below are some circumstantial factors the judge will weigh when considering a license suspension:
- First-time or repeat reckless driving offense
- Whether you caused injury or property damage
- Your employment and other social obligations
- Your conduct during the arresting event
- Feelings of guilt and genuine remorse
- Your character and reputation
Can I Get a Restricted License?
Once you have completed at least 45 consecutive days of any license suspension for reckless driving, you can apply at your MVD office for a restricted license with limited driving privileges. With a restricted license, you can only drive for the following purposes:
- Driving to work, school, or doctor’s appointments
- Driving to probation appointments.
- Driving to visitation and parenting times
- Driving a dependent to work, school, or the doctor
Fighting a Reckless Driving Charge
A license suspension can be a consequence of a reckless driving conviction, so you can avoid a suspension by beating the charges. Below are some legal strategies to use against reckless driving charges:
Not Reckless Driving
Reckless driving means driving without regard for persons or property. Not all risky driving behavior counts as reckless. Reckless driving implies a level of awareness of your behavior and the risk you cause others. Your behavior may have only been negligent or careless, not reckless.
You Weren’t Driving
You can only be convicted of reckless driving if you were behind the wheel. This type of defense is most useful in cases with unclear traffic footage or pictures that make it ambiguous whether you were driving. The prosecution will have to drop the case if they can’t prove you were driving.
Extenuating Circumstances
Emergency situations can be a justification for driving behaviors that may otherwise count as aggressive. For example, you may have to pull a risky maneuver to avoid a driver who stopped in front of you too quickly. Similarly, you may have been speeding due to an immediate medical emergency.
Weak Evidence
As with any other criminal case, reckless driving charges live or die based on the evidence against you. A lawyer can challenge evidence of your reckless driving, such as officer statements, eyewitness testimony, or speed detection records.
Contact a Criminal Defense Lawyer in Phoenix Today
Do you have more questions about reckless driving and license suspensions in Arizona? If so, send Suzuki Law Offices a message online or reach out by phone to schedule an appointment with a criminal defense lawyer in Phoenix.
Call or text (602) 682-5270 or complete a Free Case Evaluation form