Avoiding Charges Under Arizona’s Aggressive Driving Laws During the Holidays in Phoenix

The holidays aren’t all happiness and cheer for everyone all the time. This sometimes stressful season often requires a lot of driving and tight schedules, which can lead to frayed nerves. The added pressure of the holidays can contribute to road rage and reckless driving incidents in the Valley.

Arizona’s Aggressive Driving and Reckless Driving Laws

There is no specific road rage law in Arizona. The behaviors of people who participate in road rage typically fall into existing violent crime categories like assault (ARS 13-1203) or displaying a firearm to intimidate or threaten (ARS 13-1202 and ARS 13-3102).

ARS 28-695 defines the following behaviors as aggressive driving:

• Failure to obey traffic control devices
• Overtaking another vehicle on the right unlawfully
• Unsafe lane changes
• Following another vehicle too closely
• Failure to yield the right of way

These infractions on their own don’t necessarily qualify as reckless driving, which is defined as operating a vehicle with reckless disregard for the safety of persons or property. The ways in which a driver operates their vehicle aggressively can potentially rise to the level of reckless (ARS 28-693).

Which infraction is more serious depends on the circumstances. Aggressive driving is a class 1 misdemeanor, while reckless driving is a class 2 misdemeanor. However, reckless driving is often considered to pose more serious risks to others due to the increased chance of causing injuries.

These traffic violations are not mutually exclusive. A driver who is speeding, tailgating and making unsafe lane changes could be found to be both aggressively and recklessly driving. If a driver’s behavior meets several aggressive driving qualifications and is putting the drivers and passengers around them at risk of serious injury or death, they could face both types of charges from a single traffic stop.

The charges a defendant may face in this situation largely depend on prosecutorial discretion and can be influenced by plea negotiations and agreements.

Road Rage Incidents Can Result in a Variety of Charges

Road rage incidents often include aspects of aggressive and reckless driving combined with other serious criminal charges related to the physical altercation between two or more individuals. Road rage incidents have the potential to escalate from yelling to violence, which can result in increasingly severe penalties as the behavior of participating parties worsens.

Defending Against Road Rage Charges

People get pushed to the breaking point every holiday season, and road rage incidents inevitably occur. A criminal defense attorney may be able to help if you’re facing charges stemming from a road rage incident. Some of the more common defense strategies include:

• Criminal defense attorneys may be able to challenge witness testimony or find dashcam or surveillance footage that doesn’t support the prosecution’s version of events.
  
  
• Road rage charges are sometimes based on a subjective claim about the participant’s intent. Defense attorneys may be able to argue behavior was either unintentional or misinterpreted.
  
  
• Arizona has fairly broad self-defense laws, and attorneys may be able to argue a defendant was responding reasonably to perceived threats or aggressive behavior.
  
  
• People, including law enforcement officers and witnesses, can become confused in heavy traffic, particularly when similar vehicles are near each other on the road. Mistaken identity and a lack of clear identification can leave room for reasonable doubt.
  
  
• Intent can play a role in determining what meets the legal definition of reckless or aggressive driving. For example, speeding due to a healthcare or family emergency, or swerving to avoid an accident or because of mechanical failure, can potentially aid in a defense strategy.
  
  
• Officers sometimes make improper stops or arrests for alleged traffic violations, or they may unlawfully search a vehicle after a stop. Attorneys can take steps to make any obtained evidence inadmissible if the stop or search was unjustified.
  
  
• The provocation of the other parties involved in road rage can play a role in your defense. If the other driver’s behavior provoked the incident, your defense attorney could argue that your response was justified or proportionate.
  
  
• Although mental and emotional state may not get a driver off the hook for all charges, it could help mitigate charges or penalties. For example, in a road rage assault, showing the defendant acted out of frustration and not an intent to harm can influence the case’s outcome.
  
  
• Mitigating circumstances, such as establishing that the defendant’s actions were out of character and caused by extraordinary stress, can potentially lead to a reduction in charges or even leniency during sentencing.

Defending Against Traffic Violations and Road Rage Charges in Phoenix

Unexpected life events, frustration and holiday-related stress can potentially lead to regretful decisions and situations.

If you’re facing criminal charges stemming from a road rage incident, or aggressive or reckless driving charges, criminal defense attorney Michael Alarid III is ready to fight for you. Call (602) 818-3110 for a free case evaluation.