Reckless driving and racing are criminal traffic charges that can have serious consequences. If you are convicted, you could serve jail time. You would also have a damaging criminal record. To protect your future, you should seek the representation of an experienced defense lawyer.
The Law Office of Karl A. Mueller, PLC, is here to help you fight serious criminal traffic charges such as reckless driving and racing. Attorney Karl Mueller has conducted hundreds of traffic-related trials as both a prosecutor and a defense attorney. He represents clients in Gilbert, Chandler, Apache Junction and throughout the East Valley in the Phoenix metropolitan area. Call 602-730-7857 for a free initial consultation.
Learn more about the consequences of a criminal traffic conviction.
What Is Reckless Driving?
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.
What Is Racing?
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.
Defenses To Racing And Reckless Driving Charges
What a police officer believes is reckless driving or racing and what constitutes these violations under Arizona law may be two very different things. There are very specific definitions of what constitutes criminal recklessness and racing under Arizona law. Lawyer Karl A. Mueller has logged many hours arguing the nuances of these definitions in front of juries. Having an experienced lawyer by your side can make the difference between being convicted or acquitted.
Here are examples of defenses:
- Your guilt must be proved — Reckless driving and racing are criminal charges. Therefore, the defendant is entitled to all the protections afforded to 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.
- 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.
If you have been charged with reckless driving, racing or any other criminal traffic charge, don't wait to contact a defense attorney.
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