Arizona Reckless Driving Defense
In Arizona, to be convicted of Reckless Driving, the prosecution must prove that you drove a vehicle in reckless disregard for the safety of persons or property.
The crime of Racing requires the prosecution to prove that you drove a vehicle and participated in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.
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Defenses
Your guilt must be proved — Reckless driving and racing are criminal charges. Therefore, the defendant is entitled to all the protections afforded anyone charged with a crime. An experienced Phoenix traffic violation defense lawyer may be able to convince the prosecutor to dismiss or reduce the charge after reviewing the citation and police report with the prosecutor. What an officer believes is reckless and what actually constitutes reckless under Arizona law may be two very different things. There is a very specific definition of what constitutes criminal recklessness under Arizona law. This definition has many components and is often the key to a Reckless Driving defense. Mr. Mueller has logged many, many hours arguing the nuances of this definition in front of juries. Deciding to put Mr. Mueller’s extended experience to work for you may mean the difference between being convicted or acquitted.
Questioning by law enforcement — The questions police officers ask are used to support their case against you. Police officers are expected to follow the existing laws that govern questioning. If these laws are not followed, the questions may be inadmissible.
Accuracy and credibility of speed calculations — Other defenses include attacking the accuracy and credibility of the method used to calculate your speed. These include radar, laser, lidar, pace, vascar, visual estimate, aerial and photo enforcement. Because the case is criminal, these methods of speed measurement become subject to criminal discovery and the highest scrutiny afforded in the law. All of this benefits you assuming you have the right lawyer and representation.
Proving your identity — In a criminal case, it is necessary to prove identity beyond a reasonable doubt. Prosecutors must be able to prove that the officer measured the correct vehicle. They must also prove that the vehicle in question is the same vehicle that the officer eventually stopped and issued the citation to. Because our roadways are so busy, an officer may lose sight of a vehicle for significant period of time before overtaking the vehicle and attempting a stop. What an officer may take for granted in a routine civil traffic violation may not be enough to sustain a criminal conviction.
Consequences
Depending on the facts of your case and your driving history, being found guilty of Reckless Driving or Racing can have many potential consequences including:
- Jail time
- Fines
- Classes
- Points accessed to your driving record
- Potential suspension or revocation of your license
- Higher insurance, cancellation of insurance, or denial of insurance
- Conviction of a crime resulting in a criminal record
- Effects on immigration status, visas, and passports
- Probation
- Community service
- Impound of your vehicle
Contact Us
If you have been charged with reckless driving or racing, don't wait to contact a criminal defense attorney.
