Arizona reckless driving charge or dui

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Fortunately, the police not decide whether or not you should be convicted of a crime. That is up to a judge,or a jury, and the prosecutor must prove to the judge that you were driving recklessly. While we can often get the reckless driving charge dismissed, the fact that it was charged in the first place makes it more difficult to get rid of the less serious criminal speed charge.

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It is our opinion that police officers add reckless driving to criminal speed tickets, even when there is little basis for the charge, because doing so places the driver in a worse bargaining position when negotiating with the prosecutor. This results in an increased conviction rate for excessive speed charges.

If you are convicted of reckless driving, you are guilty of committing a class 2 misdemeanor A. The judge may also order that your driving privileges be suspended for up to 90 days. Plus, you will get 8 points on your license and have to attend traffic survival school. If you have been convicted in the previous 24 months of negligent homicide with a car, manslaughter with a car, racing, DUI, extreme DUI, or aggravated DUI, a reckless driving conviction becomes a class 1 misdemeanor A.

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There is one upside to a reckless driving conviction over other criminal traffic convictions. Specifically, you an apply to the court to have your conviction set aside.

What is an Arizona Reckless Driving Charge? : Arizona DUI Defense Blog

Most criminal traffic violations, like criminal speeding , cannot be set aside, but reckless driving is an exception. When a conviction is set aside, it means you no longer have a criminal conviction.

We often see a reckless driving charge tied to other traffic violations, such as unsafe lane changes, following too closely or excessive speed. The reckless driving charge is added when the police believe you driving posed a danger to other people or property.

For example, maybe you had a passenger in your car while you were criminally speeding. That could result in a reckless driving charge.

Or maybe you passed another vehicle while speeding in a no passing zone — that too could result in a reckless driving charge. You may be able to challenge the underlying violation s that contributed to the reckless driving charge. Of course, each case is different and your defenses will depend on your particular fact pattern. This is also a jury-eligible charge, so instead of a judge, you could choose to have some strangers decide whether or not you were driving recklessly.

Understanding aggravated DUI versus extreme DUI in Arizona

On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section or section , subsection A, paragraph 1, in the driving of a vehicle, or section , , or within a period of twenty-four months:.

The person is guilty of a class 1 misdemeanor. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.

Traffic Violations

On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person. In applying the twenty-four month period provision of subsection D of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week.

As you can see, a reckless driving conviction carries severe penalties. We have experience in defending people accused of reckless driving, and have obtained favorable results for our clients.

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