Reckless driving in Arizona is more serious than an ordinary traffic ticket. It is a criminal traffic offense that can potentially lead to jail time, fines, points on your driving record, and suspension of your driving privileges.
Under Arizona Revised Statutes § 28-693, a person commits reckless driving when they operate a vehicle with reckless disregard for the safety of persons or property.
But what does “reckless disregard” actually mean? Is speeding enough to be charged with reckless driving? And what happens if you are convicted?
Below, we explain what is considered reckless driving in Arizona, common examples, potential penalties, and what Phoenix drivers should know.
What Is Reckless Driving in Arizona?
According to A.R.S. § 28-693, Arizona law states:
“A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.”
Unlike some traffic violations, Arizona’s reckless-driving statute does not provide a simple checklist of prohibited driving behaviors. Whether someone’s driving demonstrates reckless disregard can depend heavily on the circumstances.
Generally, the issue is whether the driver’s conduct created a substantial safety risk and demonstrated a disregard for the safety of other people or property.
What Are Examples of Reckless Driving in Arizona?
There isn’t one specific driving behavior that automatically represents every reckless-driving case. Instead, law enforcement and courts can consider the driver’s actions and the surrounding circumstances.
Examples of behavior that could potentially contribute to a reckless-driving charge include:
- Driving at an extremely dangerous speed
- Excessive or unsafe lane changes
- Swerving through traffic
- Following another vehicle dangerously closely
- Driving aggressively around other motorists
- Ignoring significant roadway hazards
- Driving in a manner that puts pedestrians or other drivers at serious risk
- Losing control of a vehicle because of deliberately dangerous driving
- Combining excessive speed with other hazardous driving behaviors
For example, traveling significantly faster than surrounding traffic while weaving between vehicles and following other cars closely may present a very different situation than simply exceeding the speed limit.
The total circumstances surrounding the driver’s behavior can therefore be important when determining whether conduct rises to the level of reckless driving.
Is Speeding Considered Reckless Driving in Arizona?
Speeding and reckless driving are not automatically the same offense.
Arizona has separate statutes governing speeding and excessive or criminal speeding. Reckless driving under A.R.S. § 28-693 focuses on whether a person drove with reckless disregard for the safety of people or property.
That means speed may be evidence considered in a reckless-driving case, especially when combined with other dangerous conduct, but the circumstances surrounding the driving matter.
Arizona also separately defines excessive speeding under A.R.S. § 28-701.02.
Drivers should therefore not assume that every speeding ticket constitutes reckless driving—or that a reckless-driving allegation requires a specific number of miles per hour over the speed limit.
Is Reckless Driving a Criminal Offense in Arizona?
Yes.
Reckless driving is not simply a civil traffic violation. Under Arizona law, a standard conviction under A.R.S. § 28-693 is a Class 2 misdemeanor.
That distinction is important because a criminal traffic conviction can have consequences beyond simply paying a traffic fine.
What Is the Penalty for Reckless Driving in Arizona?
For a standard reckless-driving conviction, Arizona classifies the offense as a Class 2 misdemeanor.
In addition to criminal penalties authorized for a Class 2 misdemeanor, A.R.S. § 28-693 allows a judge to order a person’s driving privileges suspended for up to 90 days.
The court reports the conviction to the Arizona Department of Transportation.
Arizona’s Motor Vehicle Division point assessment also assigns 8 points for reckless driving.
That is significant because accumulating eight or more points during a 12-month period can trigger additional MVD consequences.
Does Reckless Driving Require Traffic Survival School in Arizona?
A reckless-driving conviction can also result in a requirement to successfully complete Traffic Survival School (TSS).
According to the Arizona Department of Transportation, reckless driving is among the convictions requiring successful completion of Traffic Survival School.
Traffic Survival School should not be confused with Arizona’s Defensive Driving Program. They are different programs with different purposes.
Failing to complete required Traffic Survival School can create additional driver’s-license consequences.
What Happens for a Second Reckless Driving Offense in Arizona?
Repeat offenses can have significantly more serious consequences.
Under A.R.S. § 28-693, if a person convicted of reckless driving has certain qualifying prior driving convictions within the preceding 24 months, the new offense can become a Class 1 misdemeanor.
The statute requires a person in this situation to serve at least 20 days in jail before becoming eligible for probation, pardon, suspension of sentence, or release on another basis.
Arizona law also provides for substantial driver’s-license consequences for qualifying repeat offenses.
Because the repeat-offense provision can involve several different prior offenses, anyone facing a new reckless-driving charge who has a previous serious traffic conviction should have their specific record reviewed carefully.
Can Motorcycle Riding Be Considered Reckless Driving in Arizona?
Yes.
Arizona’s current reckless-driving statute specifically provides that certain violations of A.R.S. § 28-903(B) or (C) involving motorcycle operation constitute reckless driving.
This makes it particularly important for Arizona motorcyclists to understand the state’s rules governing how motorcycles may be operated on public roadways.
Reckless Driving vs. Aggressive Driving in Arizona
Although the terms are sometimes used interchangeably in everyday conversation, reckless driving and aggressive driving are separate offenses under Arizona law.
Reckless driving is addressed under A.R.S. § 28-693, while aggressive driving is addressed separately under A.R.S. § 28-695.
The specific facts surrounding the driver’s conduct determine which traffic laws may apply.
Can You Be Arrested for Reckless Driving in Arizona?
Because reckless driving is a criminal offense rather than an ordinary civil traffic violation, it should be taken seriously.
A criminal traffic case can involve court appearances and potentially criminal penalties. The exact process depends on the circumstances surrounding the traffic stop, the alleged driving behavior, prior convictions, and other facts of the case.
How Is Reckless Driving Proven?
The prosecution must establish that the defendant’s conduct met the legal requirements of Arizona’s reckless-driving statute.
Because A.R.S. § 28-693 uses the standard of “reckless disregard for the safety of persons or property,” evidence concerning how the vehicle was actually being operated can be particularly important.
Depending on the case, evidence might include:
- Police observations
- Dashcam or body-camera footage
- Traffic-camera footage
- Witness statements
- Accident evidence
- Vehicle data
- Road and traffic conditions
- The driver’s speed
- The driver’s actions immediately before an accident or traffic stop
The existence of dangerous driving does not necessarily resolve every question in a reckless-driving case. The prosecution still has to prove the elements of the charged criminal offense.
What Are Possible Defenses to an Arizona Reckless Driving Charge?
The appropriate defense depends entirely on the facts of the individual case.
Potential issues an attorney may investigate include whether the driving actually reached the legal threshold for reckless conduct, whether witnesses accurately observed what happened, whether video or other evidence contradicts an officer’s account, whether an emergency influenced the driver’s actions, and whether the traffic stop itself was lawful.
For example, if a reckless-driving allegation is based primarily on an officer’s interpretation of lane changes or following distance, available video evidence could potentially provide important context.
An attorney can review the evidence and determine which defenses, if any, apply to a particular case.
What Should You Do After Being Charged With Reckless Driving in Phoenix?
If you have been cited or arrested for reckless driving in Phoenix, Scottsdale, Mesa, Chandler, Tempe, Glendale, Gilbert, or elsewhere in Arizona, don’t treat the charge like an ordinary speeding ticket.
Charged With Reckless Driving in Arizona? Contact Us Today
Keep copies of your citation and other documents you receive. You should also preserve potentially relevant evidence, such as dashcam recordings, photographs, or other information concerning the traffic stop or accident.
Most importantly, understand exactly what you have been charged with and the potential consequences before making decisions about your case.
A reckless driving charge in Arizona can lead to serious consequences, including fines, driver’s license penalties, points on your driving record, and possible jail time. If you are facing a reckless driving charge in Phoenix or the surrounding area, getting legal guidance early can help you understand your rights and options.
The Law Office of Zayed Al-Sayyed is here to review your case, answer your questions, and help you determine the best way to move forward.
Call (602) 952-9937 today to schedule a consultation with The Law Office of Zayed Al-Sayyed.
Frequently Asked Questions About Reckless Driving in Arizona
Is reckless driving a misdemeanor in Arizona?
Yes. A standard reckless-driving conviction under A.R.S. § 28-693 is a Class 2 misdemeanor. Certain repeat offenses within 24 months can result in a Class 1 misdemeanor.
How many points is reckless driving in Arizona?
The Arizona Motor Vehicle Division currently assesses 8 points for a reckless-driving conviction.
Can you lose your license for reckless driving in Arizona?
Yes. For a standard conviction, A.R.S. § 28-693 allows a judge to order the person’s driving privileges suspended for up to 90 days. Repeat offenses can result in more substantial licensing consequences.
Is going 20 mph over the speed limit automatically reckless driving in Arizona?
Not automatically under A.R.S. § 28-693. Arizona has separate laws governing speeding and excessive speed. Whether driving constitutes reckless driving depends on whether the conduct satisfies the reckless-disregard standard and the circumstances of the case.
Is reckless driving the same as aggressive driving?
No. Arizona treats reckless driving and aggressive driving as separate offenses under different statutes.
Can reckless driving result in jail time?
Yes. Because reckless driving is a criminal misdemeanor, incarceration is among the possible consequences. Qualifying repeat offenses under A.R.S. § 28-693 carry a statutory minimum jail requirement.
Speak With The Law Office of Zayed Al-Sayyed
A reckless-driving charge in Arizona can carry consequences that extend well beyond a typical traffic ticket. If you were charged with reckless driving after a traffic stop or accident in Phoenix or the surrounding area, understanding the charge and your legal options is an important first step.
The Law Office of Zayed Al-Sayyed can review the circumstances surrounding your case and help you understand your legal options under Arizona law.
Call (602) 952-9937 to speak with The Law Office of Zayed Al-Sayyed about your case.
This article is provided for general informational purposes and is not intended as legal advice.
