Joshua A. Lopez, Esq.

Trusted Criminal Defense Attorney Serving Scottsdale, Phoenix, and Maricopa County

Smart Defense. Strong Results.

Attorney Josh

Phoenix Reckless Driving Lawyer

Reckless driving is a criminal traffic offense in Arizona—not just a civil ticket. Under ARS § 28-693, driving with “reckless disregard for the safety of persons or property” is a Class 2 Misdemeanor carrying potential jail time, significant fines, and 8 points on your license. Unlike simple speeding tickets, reckless driving creates a criminal record that appears on background checks.

Attorney Josh Lopez represents clients throughout Phoenix facing reckless driving charges, working to protect their driving privileges and criminal records.

→ For comprehensive Arizona criminal defense information, see: Phoenix Criminal Defense Lawyer

Reckless Driving Under Arizona Law (ARS § 28-693)

A person commits reckless driving by driving a vehicle in reckless disregard for the safety of persons or property.

What Constitutes “Reckless Disregard”

The statute is intentionally broad. Conduct that may support reckless driving charges includes:

Excessive speeding (particularly 20+ mph over limit)
Aggressive driving patterns
Racing on public roads
Weaving through traffic at high speed
Running red lights or stop signs at speed
Erratic lane changes
Following too closely at high speed
Driving on sidewalks or shoulders
Evading law enforcement

The key is whether the driving showed conscious disregard for safety—not just carelessness.

Reckless Driving Penalties

Class 2 Misdemeanor

Penalty	Maximum
Jail	4 months
Fine	$750
Probation	Up to 2 years

Additional Consequences

8 points on license (12 points in 12 months triggers suspension)
Potential license suspension
Criminal record (appears on background checks)
Insurance rate increases (often substantial)

Enhanced Penalties

Reckless driving with prior offenses or other circumstances may result in enhanced penalties.

Reckless Driving vs. Related Offenses

Criminal Speeding (ARS § 28-701.02)

Speeding becomes criminal (Class 3 Misdemeanor) when:

Exceeding 85 mph (regardless of posted limit)
Exceeding posted limit by 20+ mph
Exceeding 35 mph in school zone

Criminal speeding is less serious than reckless driving but is still a criminal offense.

Aggressive Driving (ARS § 28-695)

Combination of speeding with two or more of:

Failure to obey traffic control device
Improper passing
Unsafe lane change
Following too closely
Failure to yield right-of-way

Aggressive driving is a Class 1 Misdemeanor.

Racing on Highways (ARS § 28-708)

Street racing is a Class 1 Misdemeanor with vehicle impoundment.

Reckless Driving + DUI

Reckless driving is sometimes offered as a plea reduction from DUI. However, Arizona does not have a formal “wet reckless” statute like some states. A reckless driving conviction doesn’t carry the DUI-specific penalties (mandatory jail, ignition interlock) but also doesn’t count as a prior DUI for enhancement purposes.

Common Reckless Driving Scenarios in Phoenix

Freeway Speeding

Phoenix’s extensive freeway system (I-10, I-17, Loop 101, Loop 202, US-60) sees reckless driving charges for:

High-speed driving (100+ mph)
Weaving through traffic
Racing with other vehicles
Aggressive lane changes

School Zone and Construction Zone Violations

Reckless driving in school zones or construction zones may result in enhanced charges or additional offenses.

Road Rage Incidents

Aggressive driving triggered by anger at other motorists:

Following other drivers aggressively
Brake checking
Cutting off other vehicles
Confrontational driving behavior

These may also result in assault or endangerment charges.

Racing and Exhibition of Speed

Street racing or showing off speed—whether organized or spontaneous—commonly results in reckless driving charges.

Police Pursuit

Evading law enforcement typically results in felony charges (unlawful flight), but may also include reckless driving charges.

Defense Strategies for Reckless Driving

Conduct Did Not Rise to “Reckless”

The driving must show conscious disregard for safety—not mere negligence or carelessness:

Speed was elevated but not dangerous given conditions
Traffic was light with no one at risk
Road conditions made driving appear more dangerous than it was
Single mistake, not pattern of reckless behavior

Challenging Officer Observations

The officer’s observations may be flawed:

Officer’s vantage point was limited
Speed estimation without radar/lidar
Misinterpretation of driving behavior
Other vehicles confused with defendant’s

Speed Measurement Challenges

For speed-based charges:

Radar/lidar calibration issues
Operator training deficiencies
Environmental interference
Pacing errors

Necessity Defense

Emergency circumstances required the driving:

Medical emergency
Fleeing danger
Sudden mechanical issue requiring exit

Reduction to Civil Offense

Negotiate reduction from criminal reckless driving to civil traffic violation—avoiding criminal record, jail, and 8 points.

License Consequences

MVD Points

Reckless driving adds 8 points to your driving record. Arizona suspends licenses at 12 points in 12 months:

Offense	Points
Reckless driving	8
Aggressive driving	8
Racing	8
Criminal speeding	3
Regular speeding	2-3

Insurance Impact

Reckless driving convictions typically result in:

Significant premium increases
Policy non-renewal
Difficulty obtaining new coverage
SR-22 requirements in some cases

Frequently Asked Questions

Is reckless driving a felony in Arizona?

No. Reckless driving is a Class 2 Misdemeanor. However, related offenses like unlawful flight from law enforcement can be felonies.

Will I go to jail for reckless driving?

Jail is possible (up to 4 months) but many first-time offenders receive probation, fines, and traffic school instead. Circumstances of the offense matter significantly.

How does reckless driving affect my license?

Reckless driving adds 8 points to your license. If you accumulate 12 points in 12 months, your license is suspended. A single reckless driving puts you close to that threshold.

Can reckless driving be reduced to a regular speeding ticket?

Sometimes, yes. Through negotiation, reckless driving may be reduced to a civil traffic violation, avoiding criminal record and the 8-point penalty.

Is reckless driving the same as DUI?

No. However, reckless driving is sometimes offered as a plea reduction in DUI cases. It doesn’t carry DUI-specific penalties but also doesn’t count as a prior DUI.

How does reckless driving affect my insurance?

Significantly. Expect substantial premium increases, potential non-renewal, and the conviction remaining on your driving record for years.

Contact a Phoenix Reckless Driving Defense Attorney

Reckless driving is a criminal offense that creates a permanent record, adds 8 points to your license, and significantly impacts insurance rates. An experienced attorney can challenge the evidence, negotiate reductions, and work toward the best possible outcome.

Attorney Josh Lopez defends reckless driving charges throughout Phoenix and Maricopa County.

Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004

Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251

Call (480) 386-1824 or complete the contact form to schedule your free consultation.