Aggressive driving, judging by its name, sounds an awful lot like reckless driving. Like reckless driving, aggressive driving sounds vague. Despite this, aggressive driving is actually charged for very specific conduct occurring in a very specific way. While specific, aggressive driving laws are not easily understood by most given the way the language of the law is drafted.
What is Aggressive Driving in Arizona?
To simplify, aggressive driving in Gilbert can be explained like this: if an individual either exceeds a reasonable and prudent speed on the highway or exceeds a prescribed speed limit in designated areas (including business/ residential areas or school zones) and drives in a manner that causes an immediate hazard to another person or their property and violates two specifically enumerated traffic laws—a person could be charged with aggressive driving. See the below graphic to help better illustrate what chain of events must occur to be convicted of aggressive driving.
Notice that the law requires that you violate any two listed traffic laws. This is somewhat unique in the way that traffic laws are drafted in Arizona. Also, it means that the government must prove that you violated elements of both alleged listed traffic violations and violated all of the other elements of the crime of aggressive driving. Honestly, that can be a heavy burden to carry across the finish line. The statutorily listed crimes of which an individual must violated two of are:
Failing to obey traffic signs and signals,
Overtaking or passing another vehicle on the right by driving off of the pavement or primary traveled portion of the road,
Unsafe lane changes
Following another vehicle too closely, or
Failing to yield to the right of way.
Rosenstein Law Group Will Successfully Help Defend Against Aggressive Driving Charges
Do not make the mistake of thinking an aggressive driving charge is a simple traffic ticket, this is a misdemeanor and the consequences come with some harsh penalties. It is always best to consult with a criminal defense attorney that can advise and protect your rights. The experienced legal team can represent you at all your court dates and appearances, and work with the prosecutor to negotiate the best outcome for your case. Contact us online here or by calling (480) 248-7666 to schedule a consultation on your case with an Arizona criminal traffic defense lawyer.