It is unusual to find someone charged with the crime of aggressive driving in Arizona. The primary reason is that the statute is complicated and requires several different traffic violations.
ELEMENTS OF AGGRESSIVE DRIVING (A.R.S. §28-695)
In Arizona, a person commits the crime of aggressive driving if both of the following occur:
During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:
- Failure to obey traffic control devices as provided in section 28-644.
- Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.
- Unsafe lane change as provided in section 28-729.
- Following a vehicle too closely as provided in section 28-730.
- Failure to yield the right-of-way as provided in article 9 of this chapter.
The person's driving is an immediate hazard to another person or vehicle.
For the purposes of this statute "course of conduct" means a series of acts committed during a single, continuous period of driving. Moreover, the statute requires some type of speed violation when it refers to a violation of sections 28-701, subsection A or section 28-701.02.
PENALTIES FOR AGGRESSIVE DRIVING
A person convicted of aggressive driving is guilty of a class 1 misdemeanor. As a class 1 misdemeanor, the maximum penalty is a six month jail term and maximum fine of $2500.00. However, there is not a minimum jail or fine requirement. The aggressive driving statute does have the following additional penalties:
- A person convicted of a violation of this section shall attend and successfully complete approved traffic survival school training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.
- The court shall forward the abstract of conviction to the department and may order the department to suspend the person's driving privilege for thirty days.
If you are facing an aggressive driving charge then feel free to contact Lawrence Koplow online, or call him at his Phoenix / Scottsdale area office at (602) 494-3444 to discuss your legal options.