What is Aggressive Driving?

The class 1 misdemeanor of aggressive driving occurs when a driver speeds, commits at least two civil traffic violations, and is an immediate hazard to another person or vehicle according to A.R.S. §28-695.

The speeding can be either a civil traffic offense (A.R.S. § 28-701(A)) or a class three misdemeanor of excessive speed (A.R.S. §701.02).  A police officer has prima facie evidence of a civil traffic ticket in the absence of posted speed limits when a driver’s speed exceeds 15 mph approaching a school crossing, 25 mph in a business or residential district, or 65 mph in other locations according to A.R.S. § 28-701(B) and (C).  “Excessive speeding” is defined as exceeding 35 mph approaching a school crossing, exceeding the posted speed limit in a business or residential district by more than 20 mph or exceeding 45 mph if no speed limit is posted, or exceeding 85 mph in other locations according to A.R.S. § 28-701.02(A).

Besides speeding, a person must commit at least two of the following civil traffic violations in order to be charged with aggressive driving:

  • Failure to obey traffic control devices;
  • Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway;
  • Unsafe lane change;
  • Following a vehicle too closely; or
  • Failure to yield the right-of-way.

In addition to the traffic offenses listed above, the person’s driving must be an immediate hazard to another person or vehicle.

For a first offense, the person must attend and successfully complete   approved traffic survival school educational sessions.  The judge may also order that the person’s driving privilege be suspended for thirty days.

For a second offense committed within twenty-four months of the first violation, the person’s driving privilege shall be suspended for one year.

It’s possible to commit three civil traffic offenses that are an immediate hazard to another person or vehicle and be cited for the class 1 misdemeanor of aggressive driving.  If you are charged with aggressive driving, you need an experienced attorney like Gary Rohlwing to represent you.

 

Law Offices of Gary L Rohlwing
7112 N 55th Ave
Glendale, AZ 85301
(623) 937-1692

http://www.criminal-duiattorney.com/practice-areas.html

 

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