AGGRESSIVE DRIVING Lawyer

The statute identifies five categories of additional traffic violations.

The State must generally establish at least two of them, in addition to the required speeding component:

• Failure to obey a traffic-control device;
• Passing another vehicle on the right by driving off the pavement or main-traveled portion of the roadway;
• An unsafe lane change;
• Following another vehicle too closely; or
• Failure to yield the right-of-way.

Arizona's aggressive-driving statute contains another important element: the person's driving must be an immediate hazard to another person or vehicle.

That means the analysis should not end merely because an officer alleges speeding plus two other traffic violations.

The surrounding circumstances matter.



Traffic conditions, proximity to other vehicles, roadway configuration, video evidence, officer observations, witness testimony, and the sequence of the alleged driving conduct may all become important when evaluating whether the State can prove this element.

A.R.S. § 28-695 defines a “course of conduct” as a series of acts committed during a single, continuous period of driving.

This requirement can matter when evaluating how the State has combined several alleged traffic violations into one aggressive-driving charge.

The actual chronology should therefore be examined carefully: what allegedly occurred, in what order, over what period, and what evidence establishes each claimed violation.

Aggressive driving under A.R.S. § 28-695 is a Class 1 misdemeanor.

Potential consequences can include:

• A misdemeanor criminal conviction;
• Jail exposure;
• Fines and surcharges;
• Mandatory completion of approved Traffic Survival School;
• A possible 30-day suspension of driving privileges;
• Driving-record consequences;
• Increased insurance costs; and
• Employment or professional consequences for people who depend upon driving.

Because this is a criminal charge, it should not be treated like an ordinary civil traffic citation.

Arizona imposes substantially greater driver's-license consequences for certain repeat aggressive-driving convictions.

If a person convicted under A.R.S. § 28-695 has a qualifying previous aggressive-driving conviction within 24 months, the statute provides for a one-year suspension of driving privileges. The dates the offenses were committed determine whether the repeat-offense provision applies.

Current Arizona law also provides a mechanism under specified circumstances to apply for a restricted driver license after completing at least 45 consecutive days of that suspension. 

Aggressive driving and reckless driving are separate Arizona criminal offenses.

Aggressive driving under A.R.S. § 28-695 requires the particular combination of conduct described above.

Reckless driving under A.R.S. § 28-693 generally focuses on whether someone drove with reckless disregard for the safety of persons or property.

The offenses can arise from similar factual circumstances, but they are not interchangeable, and each has different legal elements.

Aggressive driving is also different from criminal speeding.

Criminal speeding under A.R.S. § 28-701.02 generally turns on statutory speed thresholds. Aggressive driving requires considerably more: the required speeding violation, at least two of the traffic violations identified in § 28-695, and an immediate hazard to another person or vehicle.

Someone charged with criminal speeding therefore has not automatically committed aggressive driving.

Because the offense contains multiple elements, the defense should examine each component separately.

Potential issues may include:

• Whether the State can prove the alleged speeding violation;
• Whether two qualifying additional violations actually occurred;
• Whether the alleged conduct occurred during the required course of conduct;
• Whether the driving created an immediate hazard;
• Officer observations and vantage point;
• Dash-camera or body-camera footage;
• Civilian or surveillance video;
• Witness testimony;
• Speed-measurement evidence;
• Traffic and roadway conditions;
• Identification of the driver;
• Inconsistencies in the evidence; and
• Other evidentiary or procedural issues.

The fact that several traffic allegations appear on a citation does not eliminate the State's obligation to prove the criminal charge.

Potentially.

Some cases may present factual or evidentiary weaknesses affecting one or more required elements. Other cases may be appropriate for negotiation or mitigation.

The available options depend upon the facts, evidence, driving history, criminal history, prosecutor, court, and other circumstances.



No attorney can guarantee a dismissal or reduction. An experienced attorney can evaluate the evidence and advocate for the best available resolution.

Before returning to private practice, Douglas W. Taylor, Sr. served as an elected Pima County Justice of the Peace.

As a judge, Mr. Taylor presided over criminal and traffic matters and evaluated law-enforcement testimony, witness credibility, evidence, mitigation, and legal arguments.

That perspective can be particularly useful in an aggressive-driving case because the offense involves several distinct statutory components rather than one simple allegation.



The relevant question is not merely whether the driving looked aggressive. It is whether the State can prove the elements required by Arizona law.

Do not ignore the citation or criminal charge.

Review the paperwork carefully and determine:

• The statute charged;
• The court handling the case;
• The date of the alleged offense;
• The allegations described by the officer;
• Whether other offenses were cited;
• Your scheduled appearance or response date; and
• Whether you received additional documents from law enforcement.

Preserve the citation, photographs, video, dash-camera footage, or other evidence that may relate to the incident.

Seeking legal advice early can provide additional time to investigate the circumstances and evaluate available options.

Aggressive driving is a criminal offense and may arise alongside criminal speeding, reckless driving, DUI, or other allegations.

Taylor Law Group represents clients throughout Tucson and Southern Arizona facing misdemeanor and felony criminal charges and evaluates related allegations together when appropriate.

• Learn more about our Tucson Criminal Defense representation.

Aggressive-driving allegations may arise on highways and surface streets throughout Tucson and Southern Arizona.

Depending upon where the alleged conduct occurred and which agency initiated the case, the matter may proceed in a municipal or justice court.

Taylor Law Group evaluates the particular court, allegations, evidence, driving history, and circumstances of each case.

An aggressive-driving charge can create particular concerns for people who live outside Arizona or whose employment depends upon driving.

Commercial drivers, delivery drivers, transportation professionals, government employees, licensed professionals, and others may have employment, licensing, insurance, or driving-record concerns beyond the immediate criminal case.

Out-of-state drivers should likewise not assume that returning home eliminates the need to address an Arizona criminal charge.