Aggressive Driving in Arizona: ARS 28-695 click for a free consultation

Posted on September 17, 2025 in assault & violent crimes

Under Arizona Revised Statute 28-695, aggressive driving can result in a Class 1 misdemeanor conviction—the most serious level of misdemeanor offense in Arizona.

Examples of aggressive driving include speeding while also committing two of the following: tailgating, making an unsafe lane change, cutting off other drivers, and blocking another car from changing lanes, and your driving posed an immediate hazard to another person or vehicle.

In this post, we analyze how Arizona law defines aggressive driving, what the possible penalties are for an aggressive driving charge, and some possible defenses you may have if the police charge you with aggressive driving.

If you or a loved one have been charged with aggressive driving in Arizona, please call Rosenstein Law Group at (480) 248-7666 for a free consultation.

How Does Arizona Law Define Aggressive Driving?

Arizona Revised Statutes (ARS) 28-695 is the state law that makes aggressive driving punishable. To face aggressive driving charges, you must do the following:

1. Engage in unreasonable or imprudent speeding under ARS 28-701(A), or excessive speeding under ARS 28-701.02.
   
2. While engaged in either form of speeding above, you also commit two or more of the following infractions:
   1. Failure to obey a traffic sign or traffic control device.
   2. Pass another vehicle on the right by driving off the pavement or the main traveled part of the road.
   3. Make an unsafe lane change.
   4. Tailgate another vehicle.
   5. Failure to yield right of way to another vehicle.
      
3. The commission of this course of conduct must pose an immediate hazard to another person or vehicle.

You must commit all three of these elements to meet the legal definition of an aggressive driving charge.

What is a “Course of Conduct” in Aggressive Driving Charges?

Aggressive driving is not a “one-off” event. You can inadvertently find yourself speeding on the freeway; you can make a lane change without seeing another car in your side-view mirror’s dead spot and cut off another vehicle; or you can misjudge how much time you have on a yellow light and not clear the intersection before it turns red.

Any of these on their own do not make you an aggressive driver under the law. Under ARS 28-695(G) you must be engaged in a course of conduct, meaning a series of acts done during a single, continuous period of driving.

To charge you with aggressive driving, a police officer generally must be observing you speeding and at least twice see you committing one of the infractions above while you are speeding.

Distinguishing Aggressive Driving From Reckless Driving

Some people may confuse aggressive driving with reckless driving. The differences between the two lie in the behavior that triggers the charge and the level of misdemeanor crime a conviction will result in.

Generally, instead of meeting the three specific requirements for aggressive driving, reckless driving applies to situations in which you are driving in a way that shows a reckless disregard or gross negligence in disregard of a grave risk or circumstance that can lead to injury or property damage.

Reckless driving is a Class 2 misdemeanor, punishable by up to four months in jail and carrying a fine of up to $750.

Distinguishing Aggressive Driving from Road Rage

Sometimes aggressive driving in Arizona can contribute to a “road rage” incident, but road rage is a separate kind of offense. While Arizona law does not have a specific statute making road rage illegal, it is usually associated with behaviors that are, such as assault and/or threatening and intimidating.

What Are Aggressive Driving Penalties in Arizona?

As mentioned above, a conviction for aggressive driving is a Class 1 misdemeanor. The possible penalties you can face for such a conviction include:

For a first-time conviction:

• Up to six months in jail
  
• Up to three years of probation
  
• A fine of at least $2,500, plus a possible additional surcharge
  
• A possible 30-day driver’s license suspension
  
• Successful completion of mandatory traffic survival school
  
• Having eight points added to your Arizona driver’s license
  
• Possible community service requirement
  
• Possible restitution penalty

If you already have a prior conviction for aggressive driving in the past 24 months, then the second aggressive driving conviction remains a Class 1 misdemeanor. You will, however, have your driver’s license suspended for a full year. After 45 days, you may be eligible to apply for a restricted driver’s license.

Any conviction for aggressive driving will also result in a criminal charge on your public record and your driving record. It is likely that you will also pay higher premiums for automobile insurance if your insurer does not cancel your policy outright.

Possible Defenses for Aggressive Driving

There are three main ways to defend yourself against a charge of aggressive driving in Arizona: defensive driving, taking out one of the required elements to prove the crime, or procedural defenses.

Practice Defensive Driving

The best defense to an aggressive driving charge is to avoid it altogether. You can do this by practicing prudent driving behaviors:

• Drive at a reasonable rate of speed.
  
• Do not engage in distracted driving behaviors, like talking on the phone or texting, tailgating, or cutting someone off.
  
• Remember that a yellow light means that you should stop if it is safe to do so. Don’t press your luck by trying to beat a red light.
  
• Change lanes only when necessary. Try to avoid passing on the right generally, and do not use the shoulder to pass under any circumstance.
  
• If you are feeling frustrated or angry for any reason, consider putting off driving until the feeling dies down or consider using alternative transportation.
  
• If you find yourself encountering another driver who is behaving aggressively, do not reciprocate that person’s driving behaviors. Do not engage in eye contact with that person, or make rude gestures in return, or otherwise do things that might be taken as provocative. Remember, your objective in driving is to safely get to your destination, not to win any contests of one-upmanship.

Defeat One or More of the Statutory Elements

To win an aggressive driving conviction against you, the prosecution must prove beyond a reasonable doubt that all three basic elements of the crime existed: you committed two or more of the statutory infractions while speeding, and during this course of conduct, you posed an immediate hazard to others or their vehicles.

If you successfully cast reasonable doubt on any of these elements, then you cannot be convicted of aggressive driving.

Look for Procedural Errors by the Police

As with all criminal prosecutions, the police must follow the rules and procedures when deciding if reasonable suspicion exists that you are engaging in illegal behavior, having probable cause to arrest you for aggressive driving, and observing your rights under the U.S. and Arizona Constitutions.

• For example, if the police are using radar to clock your speed, but the radar device is not properly calibrated or maintained, this could cast reasonable doubt on its reliability.
  
• Errors or inconsistencies in a police report can cast reasonable doubt on an officer’s truthfulness or the reliability of their observations and testimony against you.
  
• If the police fail to inform you of your Miranda rights prior to being subjected to questioning while in police custody, this can lead to suppression of your statements from being introduced against you at trial.

An experienced criminal defense attorney will be able to fully investigate the facts that underlie your arrest and charge for aggressive driving, gather all the available evidence in your favor, and carefully review the police conduct during and after your arrest for any procedural violations and/or factual inconsistencies noted in their investigation and departmental report(s).

Have You Been Charged With Aggressive Driving in Arizona?

The Rosenstein Law Group is a full-service criminal defense law firm with more than 200 years of combined criminal defense experience. 

We have represented thousands of clients charged with traffic violations in Arizona, including aggressive driving infractions. Our experienced criminal defense attorneys will be with you every step of the way in pretrial negotiations and trial defenses to secure the best possible outcome for you, be it an acquittal or a reduction to a lesser charge.

Do not wait to speak to an experienced Arizona aggressive driving defense attorney. We are available day or night to talk to you at (480) 248-7666 or through our contact form.