![]() Aggressive Driving Penalties and Consequences.Īrizona’s aggressive driving is a Class 1 Misdemeanor. Arizona’s aggressive driving isn’t eligible for “expungement” or set aside-meaning you’ll always have a criminal record that’ll show up in background checks. Does an Arizona Aggressive Driving Conviction result in a criminal record? Lastly, common constitutional arguments include Miranda and right to counsel violations. For example, any defense to a speeding allegation may be used as a defense to aggressive driving. Each alleged violation also has its own available defenses. In addition, all of the violations must have occurred during a fluid and continuous period of driving-there cannot be intermissions between the violations. The prosecution must establish more than just three moving violations: it must prove that the driving behavior caused an immediate hazard to a person or vehicle. The aggressive driving statute is complex because it contains several elements, each of which, must be proven at trial. Following too closely (Tailgating) 28-730ĭefending Against the Aggressive Driving Charge.Overtaking and passing a vehicle on the right by driving off the pavement or main traveled portion of the roadway 28-724.Failure to obey a traffic control device 28-644.Commit, at least, two of the Following Moving Violations:.Cause immediate hazard to another person or vehicle.It requires that the prosecutor prove, beyond a reasonable doubt, that a driver does three things during a single and continuous period of driving: The aggressive driving statute is found in A.R.S. What is Aggressive Driving under Arizona Law? The Arizona Department of Transportation, in conjunction with law enforcement agencies, take aggressive driving very serious with the goal of reducing accidents. Apache Junction Domestic Violence AttorneyĪrizona police often charge drivers with aggressive driving when they observe speeding and multiple moving violations.San Tan Valley Domestic Violence Attorney.Apache Junction Criminal Defense Lawyer. ![]()
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