Reckless Driving and Racing Defense

Reckless driving. Under A.R.S. § 28-693(A), a person commits reckless driving by driving a vehicle in reckless disregard for the safety of persons or property.

Excessive speed, often called criminal speeding. Under A.R.S. § 28-701.02(A), it is a crime to:

• Drive faster than 35 miles per hour when approaching a school crossing.
• Exceed the posted speed limit by more than 20 miles per hour in a business or residential district, or drive faster than 45 miles per hour there if no limit is posted.
• Exceed the posted speed limit by more than 20 miles per hour in other locations.

Racing. Under A.R.S. § 28-708(A), you may not drive a vehicle, or take part in any manner, in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration, or drive to make a speed record, on a street or highway. The statute defines "racing" as using one or more vehicles to outgain or outdistance another vehicle or to prevent another vehicle from passing, and it also defines "drag race." § 28-708(J).

Unlawful flight. Under A.R.S. § 28-622.01, a driver commits unlawful flight by wilfully fleeing or trying to elude a pursuing official law enforcement vehicle. The pursuing vehicle must either be appropriately marked and operated as described in A.R.S. § 28-624(C), which describes sounding an audible signal, such as a siren, as reasonably necessary, or be unmarked in a case where the driver admits or the evidence shows the driver knew it was a law enforcement vehicle.

For misdemeanors, A.R.S. § 13-707 sets the jail caps and A.R.S. § 13-802 sets the fine caps. Surcharges are added to any fine.

For a first felony conviction that is not a dangerous offense, A.R.S. § 13-702(D) sets these prison ranges:

If the court finds at least two aggravating or two mitigating circumstances, it can use the wider mitigated and aggravated ranges in the same subsection. Prior felony convictions raise the ranges under A.R.S. § 13-703, and a dangerous-offense finding raises them under A.R.S. § 13-704.

The specific statutes also impose these rules:

• Repeat reckless driving. With a qualifying prior within 24 months, you are not eligible for probation, pardon, suspension of sentence, or release on any basis until you have served at least 20 days in jail. § 28-693(E). The 24 months are measured by the dates the offenses were committed, and a conviction from the same series of acts does not count as a prior. § 28-693(G).
• Repeat racing. A second or later racing violation within 24 months after a first conviction requires at least 10 days in jail or prison before probation or release. § 28-708(B).
• Racing fines. A first racing conviction carries a fine of at least $250, and a later conviction at least $500. The court may also order community restitution. § 28-708(D) and (E).
• Work or school release. For jail sentences under these statutes, the court may, in some circumstances, allow you to keep working or attending school for up to 12 hours a day, five days a week, and serve the rest of the time in jail. § 28-693(H); § 28-708(F).

We test the speed evidence. Speed charges can rest on radar, laser, pacing, or an officer's estimate. We look at how the speed was measured, whether the device was maintained and used correctly, and whether the posted limit and location match the charge.

We hold the state to the reckless disregard element. A bad lane change or a moment of inattention is not automatically reckless driving. The prosecution must prove the driving showed reckless disregard for the safety of persons or property, and we look closely at traffic, road, and weather conditions at the time.

We separate fast driving from racing. Two cars moving quickly near each other is not necessarily a race. The racing statute describes specific conduct, and we examine whether the evidence actually shows a race, contest, or exhibition as § 28-708 defines it.

We check the prior conviction dates. The repeat-offense rules depend on 24-month windows. We confirm the dates and whether the earlier case qualifies, because that can change the class and the mandatory terms.

We examine the pursuit. In an unlawful flight case, we look at whether the patrol vehicle was marked and using the required signals, or whether there is evidence you knew an unmarked car was police. Dash camera, body camera, and dispatch audio can show what you could see and hear.

We look for the right resolution. Depending on the facts and your record, a charge may be dismissed, negotiated to a lesser offense, or tried. We explain what each option means for your license.