Need Arizona DUI Defense? Contact the Law Offices of David Michael Cantor if you have been charged with Reckless Driving or a DUI-related offense.
Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §28-693, “Reckless Driving” occurs when a person drives a vehicle with reckless disregard for the safety of persons or property. Sometimes Prosecutors use this as a “lesser offense” in plea negotiations regarding DUI cases. The reason for this is that a Reckless Driving conviction does not require mandatory jail time for a first offense, where as a DUI does.
Possible Punishment for Reckless Driving
A first offense Reckless Driving can be charged as a class two (2) misdemeanor. In addition to any monetary punishment, the Judge may order that the person’s driver’s license be suspended for up to ninety (90) days. A class two (2) misdemeanor carries a range of punishment of probation and up to four (4) months in jail. Additionally, a fine of $750.00 plus 84% surcharges can be imposed.
If a person is convicted of a second Reckless Driving within two (2) years of the first Reckless Driving, then they can be charged with a class one (1) misdemeanor. In addition to the class one (1) misdemeanor penalty of probation with up to six (6) months in jail, the MVD will revoke a person’s driver’s license for one (1) full year. The class one (1) misdemeanor penalties for a second offense Reckless Driving includes a mandatory minimum of twenty (20) days in jail, up to six (6) months in jail. In addition, a fine of $2500.00 plus 84% surcharge can be imposed.
Possible Defenses for Reckless Driving
With a Reckless Driving charge, it must be shown that a person drove with reckless disregard for the safety of “persons or property.” If other vehicles were no nearby (i.e., within “striking distance”), then it can be argued that nobody was put at risk. The same would apply for property. If it did not appear that a person was going to strike any other property (such as parked cars, buildings, fences, etc.), then this can serve as a defense. Merely driving fast and weaving in and out of traffic does not qualify as Reckless Driving. In fact, it might qualify as “Aggressive Driving” or “Drag Racing”, but not “Reckless Driving”. It is important to try to argue for the lesser charge of “Aggressive Driving” because that is a civil violation (not a criminal violation), and therefore, no jail time can be imposed. In addition, the Judge cannot suspend your driver’s license for an Aggressive Driving, whereas they can suspend it for a Reckless Driving. It will be important to interview all potential witnesses who were nearby (or passengers in your car) in order to demonstrate that you were not driving recklessly.
The “Common Defenses” for Reckless Driving, which may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; 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®). Also David Michael Cantor is a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization, who provides Arizona DUI Defense. In addition, the Firm and all of its 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 our Arizona DUI Defense team knows the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to our Arizona DUI Defense team. We will assist you with your Reckless Driving case.
