Tucson traffic violations are often thought of as very small offenses that do not come with serious penalties. These offenses are often confused as traffic violations could very well be criminal in nature. At Rosenstein Law Group we handle all types of criminal traffic violations but the most common violations our office deals with out of Tucson are including but not limited to: **highlight & link to each*
Under Arizona law there is a category of major motor vehicle infractions that each carry eight points on a driver’s driving record. Reckless driving is one of those major motor vehicle infractions and it is a criminal charge – it is not a civil offense. Therefore, a conviction for reckless driving will result in a hit on a person’s background check, potentially for life, at least until new DUI expungement laws take effect in 2023. Additionally, an eight-point infraction can generate a license suspension unless traffic survival school is attended by the notice date from the Motor Vehicle Department.
A.R.S. § 28-693 describes the act of reckless driving as driving a vehicle in a manner that recklessly disregards the safety of other people or property. That is a broad definition which encompasses many possible actions. Is it reckless to the safety of other drivers or property to speed and text at the same time? Or is driving on a crowded freeway, while accelerating and decelerating, and changing lanes frequently reckless driving? Looking at the statute above, those are open questions. The elements are not specific; and therefore, whether those acts constitute reckless driving behavior is immensely up to the discretion of the police officer that turned on their red and blue lights, stopped your car, and is now standing near you questioning you and writing out a ticket. However, here is the good news, it is not up to the officer that writes a ticket whether there will be a conviction for reckless driving – and the conviction is what is most important. This type of fact specific allegation must be investigated by counsel through questioning the officer’s accuracy of their description of the events as witnessed.
Unlike many traffic infractions, like speeding, or failing to stop for a stop sign, which are civil infractions, reckless driving is a class 2 misdemeanor which means it is a crime and will appear on a background check. As a class 2 misdemeanor, a reckless driving conviction is subject to the following maximum legal penalties:
Therefore, a conviction for this charge carries a fine and eight points on a driver’s driving record; a possible jail sentence, probation period, and mandatory attendance at traffic survival school to avoid a license suspension. Reckless driving is also the type of crime that aggravates if there is a second conviction within 24 months. A second offense aggravates to a class 1 misdemeanor carrying much higher fines, results in a mandatory 1-year license revocation, and a mandatory 20-day jail sentence that cannot be reduced.
If you or someone that you care about has been charged with reckless driving, you should speak with an attorney about your options and what type of defense(s) you may have in your case. At the Rosenstein Law Group, you will find a law firm that competently defends your position and fights for your rights. The team of attorneys are skilled criminal defense lawyers with experience representing clients in court and before the Arizona Department of Transportation and its various agencies. You can call 480-248-7666, or request a consultation online, and speak to a seasoned attorney and learn about your options and defenses today.
In Arizona, there are both civil speeding tickets and criminal speeding tickets. A civil speeding ticket is generally easy to dispose of by attending an on-line defensive driving course and the ticket is then dismissed by the court, will not appear on an MVD report, and therefore will not result in a 3-point infraction.
Criminal speeding on the other hand is not easily disposed of via an open invitation to attend defensive driving school. The ticket will be filed in a criminal court, and there will be a prosecutor assigned to enforce penalties. There are three subsections under the law in Arizona Revised Statute § 28-701.02 for the police to cite a criminal speeding ticket:
Probably the most cited criminal speed violation is under subsection A3 of the statute—exceeding 85 MPH—usually when travelling on a divided highway or freeway. Arizona is famous for the Grand Canyon and is among the leaders in tourism from other states. California and New Mexico border Arizona on the west and east respectively and those two states do not have a corresponding “criminal speeding” infraction, so it comes as quite a surprise for many people when they learn the officer is citing them for a crime on the freeway when going 86 MPH.
Under subsections A1 (school zones) and A2 (business or residential) a driver does not have to be travelling at great speeds to be ticketed for a criminal act. Many times, it is a matter of distraction or multi-tasking while driving that can cause a someone to lose focus on their surroundings; however, there is no criminal intent required to be convicted.
There are three classifications of misdemeanors (Class 1, 2, and 3). Criminal speeding is a class 3 misdemeanor and is subject to the following maximum legal penalties:
*Arizona does not have an expungement law like many other states. Arizona does have what is named a “set aside” statute which works to clean up a person criminal record by notating that the criminal conviction has been set aside by the original court. The bad news is that criminal speeding is excluding from being set aside from a criminal record.
Unfortunately, criminal convictions can come with other collateral impacts on a driver, such as:
Since criminal speeding is a crime, it will be set in a criminal courtroom for pretrial conferences and hearings. A prosecutor will be present in court to press the charges; and if necessary, to litigate the case before a judge. Therefore, all constitutional rights and protections are at your behest and disposal if you know how to use them. Or you hire an attorney to represent you and employ the rules of criminal procedure and invoke all constitutional and statutory protections for your defense.
At the Rosenstein Law Group you will be treated with personal care and respect from the first person you speak with to the end of your case. We fight to protect your rights when negotiating with the city or county prosecutor, and when necessary, arguing your position before the court to get the charge(s) dismissed, reduced to a civil infraction, or mitigate the damages. If you call 480-248-7666, or visit us online to request a consultation, you will speak with a skilled criminal defense attorney that has experience defending against criminal speeding charges.
At Rosenstein Law Group we offer a free initial consultation to discuss the facts of your case with you, and answer your questions, so that you know your options and defenses. Time is a critical matter when it comes to defending against criminal charges so don’t delay. Call the experienced team of attorneys at 480-248-7666, or fill out the request for a consultation, and get your defense team set today.
If you are reading this page because of a ticket for aggressive driving in Tucson it is important to reach out and speak with an attorney, or attorneys, and get their opinion about your case. Aggressive driving is a very fact specific charge which lends to possible defenses when the accuracy of an officer’s description of events is elicited and examined.
Charges for aggressive driving in Tucson will usually be filed at the Tucson City Court located at 103 East Alameda Street in Tucson. The court is open Monday – Friday from 8:00 am to 5:00 pm The phone number for the court is (520) 791-4216.
Aggressive driving under Arizona law located at A.R.S. § 28-695 is a criminal charge. Therefore, if a person decides not to fight the charges and merely pleads guilty, or is otherwise convicted following a trial, this driving infraction will remain on a person criminal background record for life. Arizona does not have an expungement law like many other states which would remove a conviction entirely from a background check. Arizona does have a “set aside” law which does mitigate the presence of a criminal conviction; but aggressive driving is precluded from being set aside. (A.R.S. § 13-905)
Arizona law defines aggressive driving as:
The acts that are included in the aggressive driving statute include a broad array of actions. Therefore, there are numerous ways in which an officer can cite for this charge.
Aggressive driving is a traffic violation and therefore it impacts your driving record. It is also a crime. There are three classes of misdemeanors in Arizona (class 1, 2, and 3). Aggressive driving is a class 1 misdemeanor and is therefore in the highest class of misdemeanor charges, along with DUI, DUI with drugs, assault with intent to injure, and others. A conviction is subject to the following maximum penalties:
In addition to the legal consequences there are collateral consequences that can cause lifetime effects:
The team of attorneys at the Rosenstein Law Group are seasoned trial attorneys with many years of experience defending and fighting for citizen’s rights in court. Aggressive driving charges are criminal and therefore subject to the Arizona Rules of Criminal Procedure, and constitutional rights and protections. At Rosenstein Law Group we will use procedural and substantive rules and laws to defend your case.
As mentioned above, the acts encompassing aggressive driving are broad, but the elements are specific. The officer’s description of what was observed can be examined by deposition or cross examination and the rules of discovery enable our team of attorneys to amass a defense for you. We routinely ask for and obtain the following evidence when it is relevant, material, and exists:
You can trust the team of attorneys to investigate your case to find a way to get the charges dismissed, negotiate with city prosecutors to reduce the charges, and mitigate any damages.
When criminal charges are pending in court, time is very important, and the sooner a defense strategy can be put in place the better the chances that there will be positive options. You can call the Rosenstein Law Group today at (480) 248-7666 to speak with an experienced and skilled criminal defense attorney to answer your questions and get your defense started today. Or you can make a request online to set a free initial consultation at a date and time that works for you.
A suspended driver’s license is a highly inconvenient development in adult life. Clearly the best situation is to avoid it altogether. This page will provide you with information to help you do that. Unfortunately, since you are reading about suspended licenses on an attorney page that option may no longer be available. Even if that is the case, we can still help you to get your license reinstated, potentially sooner than on your own, and mitigate the impacts.
A ticket for driving on a suspended license in Tucson will usually be sent to the Tucson City Court located at 103 East Alameda Street in Tucson. The court can be reached at (520) 791-4216 and is open from 8:00 am to 5:00 pm Monday through Friday.
Under Arizona law a person cannot drive on a public roadway if their privilege to drive has been suspended, revoked, cancelled, or refused by MVD (A.R.S. § 28-3473). Driving on a suspended license (DOSL) is illegal, therefore it is a criminal act, and is classified as a class 1 misdemeanor. The legal maximum penalties if convicted are:
Class 1 Misdemeanor Conviction
The typical fine for DOSL is $572.00.
Many states have a Department of Motor Vehicles that is a stand-alone agency that deals solely with driver’s licenses and vehicle registry. In Arizona, we have the Arizona Department of Transportation (ADOT) and within ADOT is a specific department that deals with driver’s licenses and registration. It is named the Arizona Motor Vehicle Department (MVD).
The MVD uses a points system, and the calendar, to determine penalties to a driver’s license holder when traffic tickets turn into convictions. The higher the point total the more egregious the driving behavior is in the eyes of the MVD and correspondingly the penalty.
Major Motor Infractions:
An accumulation of 8 – 12 points during a 1-year period will require attending Traffic Survival School (TSS) to avoid a 6-month license suspension. The MVD will generate an Order advising the driver to attend TSS. The calculation of points is from the date of violation (DOV) to the next DOV. The conviction dates do not matter when calculating points – only the DOV.
Leaving the scene of an accident, failing to report an accident or exchange information at an accident scene are 6-point violations. All speeding tickets, criminal speed and civil speed, as well as all photo-radar speeding tickets carry 3 points. All other moving violations, that have points assigned, are 2-point violations.
|MVD POINTS SUSPENSION TABLE|
|Points||Points Accumulated in:||Period of Suspension||Traffic Survival School Eligible|
|0 – 7 points||12 months||No Suspension||Not Required|
|8 – 12 points||12 months||No Suspension
MVD will Order TSS*
|8 – 12 points**||12 months||3 Months||No|
|13 – 17 points||12 months||3 Months||No|
|18 – 23 points||12 months||6 Months||No|
|24 or more||36 months||1 Year||No|
*Failure to complete TSS will result in a 6-month suspension
** TSS successfully completed in the prior 24 months
Traffic Survival School can only be attended once every 24 months. If you are eligible to attend TSS the MVD will mail an order to your last provided address to attend within sixty days.
Civil Traffic DOSL ticket:
Under Arizona Law your driver’s license can be suspended for failing to appear in court as noticed or for failing to pay a fine to the court (A.R.S. § 28-3482). This type of suspension is not criminal. It is a civil traffic infraction with a fine. There are no points associated with a civil DOSL ticket either.
Discretionary MVD Driver’s License Suspensions:
Mandatory Driver’s License Revocation
A license revocation means that the MVD has taken your license. You will be required to re-apply for a new license once the revocation period has expired. The MVD will revoke a driver’s license under the following circumstances:
Obtaining a new license following a driver’s license revocation is more complicated than re-instating a suspended driver’s license. The attorneys at the Rosenstein Law Group are knowledgeable about the process and procedures.
If your Arizona Driver’s License has been suspended, revoked, cancelled or refused, the attorneys at the Rosenstein Law Group can help you to understand the process and assist you in getting your license. The Rosenstein Law Group will provide you with an aggressive defense to the charges and protect your freedom to drive. Speak with an attorney today by filling out a request online, or call (480) 248-7666, and get your questions answered and get back on the road.