Investigative Article
Reckless Driving in Arizona: What Are Your Defenses to ARS 28-693?
Reckless driving is a serious offense that can result in fines, suspension of your driver's license, and even imprisonment. Arizona's Reckless Driving Law, codified under Arizona Revised Statutes (ARS) 28-693, defines reckless driving as the operation of a vehicle with a reckless disregard for the safety of persons or property. This law applies to anyone who operates a vehicle on Arizona roads, regardless of whether they are a resident of the state.
The Definition of Reckless Driving
ARS 28-693 identifies reckless driving as a pattern or instance of driving behavior that shows a clear lack of concern for the established rules of the road and the well-being of others. This can include speeding excessively, aggressive weaving through traffic, ignoring traffic signs and signals or engaging in dangerous maneuvers without regard for the potential consequences.
Possible Consequences
Reckless driving can result in both criminal and civil penalties. If you are cited for reckless driving, you will face criminal charges that could result in fines, community service, suspension of your driver's license, and even imprisonment. Additionally, if your reckless driving causes property damage, injury, or death, you could face civil lawsuits and liability for any damages caused by your actions.
Defenses to ARS 28-693
There are several possible defenses to ARS 28-693 that you can use if you are facing charges for reckless driving. Some of the most commonly used defenses include the following:
Driving Behavior Was Not Reckless
One possible defense to ARS 28-693 is to argue that your driving behavior was not reckless, but merely negligent. Negligent driving involves a lower level of culpability than reckless driving, and it is defined as the failure to exercise the care that a reasonably prudent driver would exercise in similar circumstances. If you can demonstrate that your behavior was not reckless, but merely negligent, you may be able to have your charges reduced or dismissed.
Emergency Situation
If you were driving recklessly to avoid an emergency situation, you may be able to use this as a defense to ARS 28-693. For example, if you were driving above the speed limit to rush someone to the hospital in an emergency, you may be able to use this as a defense to reckless driving charges.
Illegal Stop or Search
In some cases, an illegal stop or search can be used as a defense to charges of reckless driving. If the police officer who pulled you over did not have probable cause to believe that you had committed a traffic violation, or if the search of your vehicle was conducted without a warrant or your consent, any evidence obtained as a result of the stop or search may be inadmissible in court.
Unlawful Arrest or Detention
You may also be able to use an unlawful arrest or detention as a defense to reckless driving charges. If the police officer who arrested you did not have probable cause to believe that you had committed a crime, or if you were held for an unreasonable amount of time without being charged, any evidence obtained as a result of the arrest or detention may be inadmissible in court.
Improper Calibration of Radar or Speedometer
If the radar or speedometer used by the police officer to determine your speed was improperly calibrated or maintained, you may be able to challenge the results of these tests and have your charges reduced or dismissed.
The Importance of Hiring an Experienced Attorney
Facing charges for reckless driving can be a daunting and stressful experience. If you are convicted, you could face serious consequences that could impact your life for years to come. That's why it's essential to hire an experienced Arizona traffic attorney who can help you navigate the complicated legal process and develop a strong defense strategy that gives you the best chance of achieving a positive outcome.
In Conclusion
Reckless driving is a serious offense that can result in criminal and civil penalties. If you are facing charges for reckless driving in Arizona, there are several possible defenses that you can use to challenge the charges and protect your rights. Contact us today to learn more about your legal options and to schedule a free consultation with an experienced Arizona traffic attorney.
Reckless Driving in Arizona Defenses to ARS 28-693-
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