RECKLESS DRIVING Lawyer

A first conviction for reckless driving under A.R.S. § 28-693 is generally a Class 2 misdemeanor.

Potential consequences may include:

• A misdemeanor criminal conviction;
• Jail exposure;
• Fines and surcharges;
• A possible suspension of driving privileges for up to 90 days;
• Consequences involving a driving record;
• Increased insurance costs;
• Employment consequences for people who drive professionally; and
• Other collateral consequences associated with a criminal conviction.



Arizona law permits up to four months of incarceration for a Class 2 misdemeanor, although the actual sentence in any particular case depends upon the charge, circumstances, history, applicable law, and disposition.

There is no single factual scenario required for a traditional reckless driving allegation.

Depending upon the circumstances, law enforcement may investigate or cite reckless driving based upon allegations involving:

• Excessive speed combined with other dangerous conduct;
• Aggressive or unsafe lane changes;
• Weaving through traffic;
• Dangerous passing;
• Following other vehicles dangerously closely;
• Ignoring traffic conditions or roadway hazards;
• Losing control of a vehicle;
• Driving behavior that allegedly endangered pedestrians, passengers, motorists, or property; or
• Multiple unsafe driving behaviors occurring together.

The existence of one of these allegations does not automatically establish guilt. The State still bears the burden of proving the criminal charge.

Reckless driving and criminal speeding are separate Arizona offenses.

Criminal speeding under A.R.S. § 28-701.02 is generally based upon specific statutory speed thresholds.



Reckless driving under A.R.S. § 28-693 focuses instead upon whether the person's driving demonstrated reckless disregard for the safety of persons or property.

A driver therefore should not assume that:

criminal speeding automatically equals reckless driving.

The facts may sometimes result in multiple allegations, but each charge has its own legal requirements.

The appropriate defense depends upon what allegedly occurred and what evidence the State actually possesses.

Potential issues may include:

• Whether the driving actually rose to the level required for reckless driving;
• The officer's opportunity to observe the vehicle;
• Video or dash-camera evidence;
• Body-worn camera evidence;
• Witness accounts;
• Road and traffic conditions;
• Weather or visibility;
• Identification of the driver;
• Whether speed measurements are accurate and relevant;
• Whether allegedly dangerous conduct has an innocent or reasonable explanation;
• Inconsistencies in the evidence;
• Evidentiary or procedural problems; and
• Mitigating circumstances.



The defense should be based upon the evidence—not merely the terminology written on the citation.

Potentially.

Some cases may contain factual or evidentiary weaknesses that support dismissal or acquittal. In other cases, negotiation or mitigation may provide the best path toward a more favorable resolution.

Possible outcomes depend upon the facts, evidence, driving history, criminal history, prosecuting agency, court, and other circumstances.

No attorney can legitimately guarantee dismissal or reduction.



An experienced attorney can evaluate the evidence, identify available defenses, communicate with the prosecution when appropriate, and advocate for the best available outcome.

Arizona law imposes significantly greater consequences in certain repeat-offense situations.

Under A.R.S. § 28-693, a qualifying prior conviction within the statutory 24-month period can result in the new reckless driving offense being treated as a Class 1 misdemeanor, with mandatory jail provisions and a one-year suspension of driving privileges.

Because the statute identifies particular prior offenses and contains specific rules governing the 24-month period, a person's actual record should be reviewed rather than assuming that every prior traffic offense triggers the enhanced penalties.

Reckless driving and DUI are separate criminal offenses.

However, the circumstances surrounding a traffic stop may sometimes cause law enforcement to investigate more than one potential offense.

When reckless driving is charged alongside DUI or another criminal allegation, the entire case should be evaluated together rather than treating each accusation in isolation.

Arizona enacted legislation in 2026 amending A.R.S. § 28-693 to address certain motorcycle conduct involving lane use and passing.

The legislation adds specified violations of A.R.S. § 28-903(B) or (C) to the reckless-driving statute. Because newly enacted legislation has effective-date considerations, motorcycle riders should have the law applicable on the date of the alleged offense evaluated carefully rather than relying upon outdated online descriptions of Arizona law.

This is especially important because older websites and legal articles may not yet reflect Arizona's 2026 statutory changes.

A reckless driving charge can be particularly concerning for someone whose livelihood depends upon driving.

Commercial drivers, delivery drivers, transportation professionals, government employees, licensed professionals, and others may face consequences extending beyond the immediate criminal case.



Potential employment, licensing, insurance, and driving-record consequences should therefore be considered when evaluating possible resolutions.

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 testimony, law-enforcement evidence, credibility, mitigation, and legal arguments.

That experience provides a valuable perspective when defending reckless driving allegations today.



A reckless driving case should not simply be reduced to an officer's characterization of someone's driving as “reckless.” The actual conduct and evidence matter.

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.

Reckless driving is a criminal offense, and the consequences can extend beyond an ordinary traffic citation.

Taylor Law Group represents clients throughout Tucson and Southern Arizona facing misdemeanor and felony criminal allegations. When reckless driving occurs alongside criminal speeding, DUI, or other charges, the entire situation should be evaluated together.

• Learn more about our Tucson Criminal Defense representation.

Reckless driving allegations may arise on highways, city streets, residential roads, and other roadways throughout Tucson and Southern Arizona.

Depending upon where the alleged conduct occurred and the law-enforcement agency involved, the case may be filed in a Tucson-area municipal or justice court.

Taylor Law Group evaluates the particular charge, court, evidence, driving history, and circumstances of each case rather than treating every reckless driving citation alike.

Visitors to Arizona may be surprised to discover that a driving allegation has resulted in a criminal misdemeanor charge rather than an ordinary traffic citation.

An out-of-state driver should not ignore an Arizona reckless driving case simply because the person has returned home.



The Arizona criminal case must still be addressed, and the effect of a conviction or other disposition upon an out-of-state license, driving record, employment, or insurance may depend upon the driver's home jurisdiction.