Tempe Reckless Driving Lawyer

Highly Experienced Arizona Criminal Defense Attorney Defending Clients Facing Serious Traffic Offenses

Reckless driving is a serious offense in Arizona, and charges can lead to harsh penalties that affect your driving privileges, insurance rates, and even your freedom. In Tempe, a city known for its bustling streets, active nightlife, and large student population from Arizona State University, police are constantly on the lookout for anything that remotely resembles reckless driving. If you’ve been charged with reckless driving in Tempe, you need a dedicated legal advocate to protect your rights. At the Law Office of James E. Novak, our Tempe reckless driving lawyer has over 25 years of hands-on experience handling all types of criminal traffic cases and is ready to get started on your defense today.

What Is Reckless Driving?

Reckless driving is defined under A.R.S. § 28-693 as operating a motor vehicle with a “willful or wanton disregard for the safety of persons or property.” This broad definition means that various actions behind the wheel can qualify as reckless driving, even if no one is injured or no property is damaged.

The key element of reckless driving is intent. The prosecution must prove that you acted with deliberate disregard for safety, not merely by accident or negligence. Reckless driving charges are often subjective, relying on an officer’s interpretation of your actions.

Common Examples of Reckless Driving in Tempe

Reckless driving can encompass a wide range of behaviors, especially in a city like Tempe, where heavy traffic and active pedestrian zones create frequent opportunities for risk. Some examples include:

• Speeding excessively: Driving at a speed far above the posted limit, particularly in residential or school zones near ASU.
• Street racing: Engaging in drag racing on major streets like Mill Avenue or University Drive.
• Weaving through traffic: Changing lanes aggressively without signaling on busy roads like Rural Road or the US 60.
• Tailgating: Following another vehicle too closely, increasing the risk of a collision.
• Ignoring traffic signals: Running red lights or stop signs, especially in crowded intersections like those around Tempe Marketplace or downtown.
• Driving under the influence: Operating a vehicle recklessly while impaired by drugs or alcohol.

These actions can lead to traffic stops and reckless driving charges, even if no accident occurs.

Penalties for Reckless Driving in Arizona

Reckless driving is considered a class 2 misdemeanor in Arizona, but the penalties can escalate depending on the circumstances of your case. Potential punishments include:

• Fines: Up to $750 plus additional court fees and surcharges.
• Jail time: Up to four months in county jail for a first offense, with harsher penalties for repeat offenders.
• License suspension: The Arizona Motor Vehicle Division (MVD) may suspend your driver’s license for up to 90 days after a conviction.
• Points on your driving record: Reckless driving adds eight points to your driving record, potentially leading to higher insurance rates and mandatory traffic survival school.
• Vehicle impoundment: In some cases, law enforcement may impound your vehicle as part of the penalty.

Repeat offenses or reckless driving that involves injuries, property damage, or endangerment of minors can lead to felony charges and significantly harsher consequences.

Defenses to Reckless Driving Charges

Being charged with reckless driving does not guarantee a conviction. A skilled Tempe reckless driving lawyer can analyze the facts of your case and build a strong defense. Common defenses include:

• Lack of intent: The prosecution must prove that your actions were willful or wanton. If your driving was unintentional or due to an emergency, this could be a valid defense.
• Insufficient evidence: Reckless driving charges often rely on an officer’s subjective interpretation of events. If there is insufficient evidence to prove the charge beyond a reasonable doubt, your attorney can challenge the case.
• Mistaken identity: In busy areas like Tempe, it’s possible for law enforcement to mistakenly attribute reckless driving to the wrong driver or vehicle.
• Unlawful traffic stop: If the officer lacked probable cause to stop you, your attorney can argue that the traffic stop and subsequent charges were unlawful.
• Emergency situation: If you were driving recklessly to avoid immediate harm or to address an emergency, this may provide a defense against the charge.

Every case is unique, and your defense strategy will depend on the specific details of your situation.

Why You Need a Tempe Reckless Driving Lawyer

A reckless driving charge can have lasting consequences on your life, from losing your license to damaging your reputation. At the Law Office of James E. Novak, our Tempe reckless driving lawyer is committed to providing aggressive legal representation to protect your rights and fight for the best possible outcome. We understand the local laws, courts, and traffic patterns in Tempe, and we know how to challenge reckless driving charges effectively.

Contact a Dedicated Tempe Reckless Driving Attorney Today

If you’ve been charged with reckless driving in Tempe, don’t wait to seek legal help. Contact the Law Office of James E. Novak for a free consultation. Let us review your case, explain your options, and help you take the first step toward protecting your future. Call us at 480-413-1499 or reach out through our secure online contact form today.