Driving Offenses in Arizona

What Are Driving Offenses in Arizona?

At Sheldora Law Firm, we understand that being charged with a driving-related offense can disrupt your life in significant ways. Arizona has strict laws governing road safety, and violations can lead to serious consequences, including fines, license suspension, increased insurance rates, and even jail time. Driving offenses can range from minor traffic violations to more severe crimes like reckless driving, driving under the influence (DUI), or driving on a suspended license. No matter the charge, it’s important to understand the legal implications and take steps to protect your driving record and your future.

Driving offenses in Arizona are governed by various statutes under A.R.S. Title 28, which covers traffic laws and motor vehicle regulations. Whether it’s a simple speeding ticket or a more serious felony charge, navigating the legal system without experienced legal representation can be challenging.

Types of Driving Offenses in Arizona

Driving offenses in Arizona can range from minor infractions to serious criminal offenses, depending on the nature of the violation and whether the driver has previous offenses. Below are some of the most common driving-related offenses:

Speeding (A.R.S. § 28-701): Speeding is one of the most common traffic violations and can result in a fine, points added to your driving record, and an increase in your insurance rates. Excessive speeding (going more than 20 mph over the posted limit) can lead to more severe penalties.
Reckless Driving (A.R.S. § 28-693): Reckless driving is a more serious offense and involves operating a vehicle in a manner that shows a willful disregard for the safety of others. Reckless driving is a Class 2 misdemeanor, with penalties that include fines, jail time, and the suspension of your driver’s license.
Driving Under the Influence (DUI) (A.R.S. § 28-1381): DUI is one of the most serious driving offenses in Arizona. If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by drugs or alcohol, you could face DUI charges. Penalties for a DUI conviction can include jail time, license suspension, mandatory alcohol or drug treatment programs, and heavy fines. Repeat offenses result in harsher penalties, including longer jail sentences and more severe license suspensions.
Driving on a Suspended or Revoked License (A.R.S. § 28-3473): If you are caught driving with a suspended or revoked license, you could face misdemeanor charges. This can result in additional license suspension, fines, and possible jail time. Driving without a valid license in Arizona is taken seriously, and a conviction can impact your ability to get your license reinstated.
Hit and Run (A.R.S. § 28-662): Fleeing the scene of an accident, whether or not you were at fault, is illegal in Arizona. If you are involved in a car accident and fail to stop to exchange information or provide aid, you could be charged with a Class 2 misdemeanor or Class 5 felony, depending on the severity of the accident and any resulting injuries or damage.
Aggressive Driving (A.R.S. § 28-695): Aggressive driving involves committing multiple traffic violations, such as speeding and tailgating, in a manner that endangers other drivers. This is a serious offense that can result in fines, points on your driving record, and possible jail time.

Penalties for Driving Offenses in Arizona

The penalties for driving offenses in Arizona can vary widely depending on the type of offense, the severity of the violation, and whether you have prior convictions. Here’s a general overview of potential penalties for common driving offenses:

Fines: Most driving offenses come with fines, which can range from $150 for minor infractions to thousands of dollars for more serious violations, such as DUI or hit and run.
Points on Your Driving Record: Many driving offenses result in points being added to your driving record. Accumulating too many points can lead to license suspension or revocation. For example, reckless driving results in 8 points, while speeding typically adds 3 points to your record.
License Suspension or Revocation: More serious offenses, such as DUI or driving on a suspended license, can result in your driver’s license being suspended or permanently revoked. For repeat offenders, the penalties can be even more severe, making it difficult to legally drive in the future.
Jail Time: Certain driving offenses, such as reckless driving, DUI, or driving on a suspended license, can result in jail time. Misdemeanor offenses can lead to sentences ranging from 10 days to 6 months in jail, while felony offenses carry even longer sentences.
Increased Insurance Rates: Convictions for driving offenses often lead to higher insurance premiums, as insurance companies view you as a higher risk. In some cases, you may even lose coverage or be required to file for SR-22 insurance.

Defenses Against Driving Offense Charges

At Sheldora Law Firm, we understand that driving offenses can arise from misunderstandings, mistakes, or complex situations. Being charged doesn’t mean you’re guilty, and we will fight to protect your rights and build a defense that fits your case. Here are some common defenses we may explore when fighting driving offense charges:

Challenging Evidence: In some cases, the evidence against you may be flawed or unreliable. For example, radar guns used to issue speeding tickets may be improperly calibrated, or sobriety tests in DUI cases may have been administered incorrectly. We will review the evidence to determine whether it was collected and used lawfully.
Lack of Probable Cause: For certain driving offenses, such as DUI, law enforcement must have a valid reason (probable cause) to stop your vehicle in the first place. If the traffic stop was illegal, we may be able to challenge the charges and seek a dismissal.
Necessity or Emergency: In some cases, drivers may violate traffic laws due to an emergency or necessity, such as rushing someone to the hospital. If we can prove that your actions were necessary to prevent greater harm, this may serve as a defense to the charges.
Mistaken Identity: In cases involving reckless driving or hit and run, it’s possible that law enforcement or witnesses may have misidentified the driver. We will work to uncover any evidence that proves you were not involved in the alleged offense.

Why You Need Legal Representation for Driving Offenses

While some driving offenses may seem minor, they can still carry serious consequences, including fines, jail time, and long-term damage to your driving record. Without proper legal representation, you risk facing harsher penalties that can affect your ability to drive, your insurance rates, and your criminal record. At Sheldora Law Firm, we are committed to protecting our clients’ rights and helping them fight driving offense charges.

Our experienced legal team will investigate every detail of your case, challenge the evidence when necessary, and work to reduce or dismiss the charges. Whether you’re dealing with a traffic violation or a more serious charge like DUI or reckless driving, we will fight for the best possible outcome.

Conclusion

Driving offenses in Arizona can lead to significant penalties, but with the right defense, you can protect your driving record and your future. At Sheldora Law Firm, we are dedicated to providing strong legal representation for individuals facing all types of driving charges.