Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §28-695 "Aggressive Driving" occurs if both of the following happen simultaneously: during a course of conduct a person is speeding (either civilly or criminally) and at least two (2) of the following violations occur: the person fails to obey a traffic control device; the person overtakes and passes another vehicle on the right side by driving off the pavement or main travel portion of the roadway; the person commits an unsafe lane change; the person tailgates; and / or the person fails to yield right of way per the statute. In addition to this cluster of violations, the person's driving also must be an immediate hazard to another person or vehicle.
A first offense conviction of Aggressive Driving is a class one (1) misdemeanor. In addition to the class one (1) misdemeanor punishment, the Judge can order Traffic Survival School and up to a thirty (30) day suspended driver's license. The range of punishment for a class 1 misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 80% surcharge.
If the person has one (1) allegeable historical prior conviction with two (2) years of the first Aggressive Driving conviction, then they are again guilty of a class one (1) misdemeanor. However, in addition to the standard class one (1) misdemeanor punishment, the DMV can also revoke the person's driver's license for one (1) year. The most severe punishment may be the insurance company's refusal to insure you in the future.
The most obvious defense to Aggressive Driving is that you were not an "immediate hazard" to another person or vehicle. Although the Officer will argue that tail-gating or Unsafe Lane Usage automatically makes you an immediate hazard, they must have two (2) violations occurring simultaneously (along with speed). This of course becomes much more difficult if you pass somebody on the right side of their vehicle (off the roadway), or you fail to yield the right-of-way (i.e., run a stop sign or light). It is important to try and reduce an Aggressive Driving charge down to two (2) separate civil tickets (such as Speeding and Unsafe Lane Usage). This is because an Aggressive Driving ticket carries seven (7) points on your license, where as a Speed and Unsafe Lane Usage combination carry only five (5) total points. In addition, the two (2) civil tickets are not criminal in nature, there is no possibility of jail.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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