Reckless driving is a criminal traffic offense in Arizona—not a civil ticket. Under ARS § 28-693, operating a vehicle with “reckless disregard for the safety of persons or property” is a Class 2 Misdemeanor carrying potential jail time, substantial fines, and 8 points on your driving record. Unlike simple speeding tickets, a reckless driving conviction creates a criminal record that appears on background checks and significantly impacts insurance rates.
Attorney Josh represents clients throughout Arizona facing reckless driving charges.
Reckless Driving Under Arizona Law (ARS § 28-693)
“A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.”
What Constitutes “Reckless Disregard”
The statute is intentionally broad. Courts consider totality of circumstances:
Speed-Related:
- Excessive speeding (particularly 20+ mph over limit)
- Racing on public roads
- High speed in residential or school zones
Driving Behavior:
- Aggressive lane changes
- Weaving through traffic
- Following too closely at speed
- Running red lights or stop signs
- Passing in no-passing zones
Other Conduct:
- Driving on sidewalks or shoulders
- Evading law enforcement
- Exhibition of speed
- Operating with known dangerous defect
Key Distinction: Reckless vs. Negligent
Recklessness requires conscious disregard of substantial risk—not mere carelessness or negligence. This distinction is central to defense strategy.
Classification and Penalties
Class 2 Misdemeanor
| Penalty | Maximum |
| Jail | 4 months |
| Fine | $750 |
| Surcharges | Additional 84% |
| Probation | Up to 2 years |
Additional Consequences
- 8 points on MVD driving record
- License suspension possible (12 points in 12 months triggers suspension)
- Criminal record visible on background checks
- Insurance rate increases (often substantial and long-lasting)
Related Criminal Traffic Offenses
Criminal Speeding (ARS § 28-701.02)
Speeding becomes criminal offense when:
- Exceeding 85 mph regardless of posted limit
- Exceeding posted limit by 20+ mph
- Exceeding 35 mph approaching school crossing
Classification: Class 3 Misdemeanor (30 days jail, $500 fine, 3 points)
Aggressive Driving (ARS § 28-695)
Speeding combined with two or more of:
- Failure to obey traffic device
- Improper passing
- Unsafe lane change
- Following too closely
- Failure to yield right-of-way
Classification: Class 1 Misdemeanor (6 months jail)
Racing on Highways (ARS § 28-708)
Engaging in speed competition on public roads.
Classification: Class 1 Misdemeanor
Additional: 30-day vehicle impoundment
Unlawful Flight (ARS § 28-622.01)
Fleeing from law enforcement.
Classification: Class 5 Felony (prison possible)
MVD Points System
Arizona uses a points system for traffic violations:
| Offense | Points |
| Reckless driving | 8 |
| Aggressive driving | 8 |
| Racing | 8 |
| DUI | 8 |
| Failure to stop for school bus | 8 |
| Criminal speeding | 3 |
| Regular speeding | 2-3 |
License Suspension: Accumulating 12+ points in 12 months triggers license suspension.
A single reckless driving conviction (8 points) puts you close to suspension threshold.
Reckless Driving and DUI
“Wet Reckless” in Arizona
Unlike some states, Arizona does not have a formal “wet reckless” statute. However:
- Reckless driving may be offered as plea reduction from DUI
- Doesn’t carry DUI-specific penalties (mandatory jail, ignition interlock)
- Doesn’t count as prior DUI for enhancement purposes
- May be appropriate resolution for borderline cases
Considerations
- No mandatory minimum jail
- No ignition interlock requirement
- No MVD-mandated alcohol screening
- Still creates criminal record
- Still adds 8 points
Common Reckless Driving Scenarios
Excessive Speed
- 100+ mph on freeways
- 20+ over in residential areas
- High speed in school or construction zones
Freeway Driving
Arizona’s extensive freeway system sees charges for:
- Weaving through traffic at speed
- Racing with other vehicles
- Aggressive merging and lane changes
- Tailgating at high speed
Road Rage Incidents
Aggressive driving triggered by anger:
- Brake checking
- Cutting off vehicles
- Following other drivers
- Confrontational driving behavior
Exhibition of Speed
Showing off or demonstrating speed:
- Burnouts
- Acceleration displays
- Street racing
Evading Officers
Attempting to flee traffic stop—typically results in felony charges but may also include reckless driving.
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Defense Strategies
Conduct Was Not “Reckless”
The driving must show conscious disregard for safety:
- Speed was elevated but appropriate for conditions
- Light traffic with no one at risk
- Road conditions misinterpreted by officer
- Single mistake, not pattern of recklessness
Challenging Officer Observations
Officer’s observations may be flawed:
- Limited vantage point
- Speed estimation without equipment
- Misidentification of vehicle
- Conditions affected perception
Speed Measurement Challenges
For speed-based charges:
- Radar/lidar calibration issues
- Operator certification deficiencies
- Environmental interference
- Pacing methodology errors
- Equipment malfunction
Necessity Defense
Emergency circumstances required the driving:
- Medical emergency
- Fleeing danger
- Mechanical issue requiring immediate action
- Other justifying circumstances
Reduction to Civil Offense
Negotiate reduction from criminal reckless driving to civil traffic violation:
- Avoids criminal record
- Avoids jail possibility
- Reduces points
- Minimizes insurance impact
Insurance Consequences
Reckless driving convictions typically result in:
Immediate Impact
- Rate increases of 50-150%
- Policy non-renewal
- Dropped from preferred carriers
- SR-22 filing requirement (some cases)
Long-Term Impact
- Conviction visible 3-5 years
- Higher rates throughout that period
- Difficulty obtaining new coverage
- Affects multiple policy types
Serious Charges.
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.
How many points is reckless driving?
Reckless driving adds 8 points to your Arizona driving record. The threshold for license suspension is 12 points in 12 months.
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. Circumstances significantly affect outcomes.
Can reckless driving be reduced to a regular ticket?
Sometimes. Through negotiation, reckless driving may be reduced to a civil traffic violation, avoiding criminal record and 8-point penalty.
Is reckless driving a DUI?
No, they are different offenses. However, reckless driving is sometimes offered as a plea reduction in DUI cases because it doesn’t carry DUI-specific penalties.
How does reckless driving affect insurance?
Significantly. Expect substantial premium increases, potential non-renewal, and the conviction affecting rates for 3-5 years or longer.
Can I fight a reckless driving charge?
Yes. Defenses include challenging whether conduct was truly “reckless,” questioning officer observations, disputing speed measurements, and arguing necessity.
Reckless Driving Defense Throughout Arizona
Reckless driving is a criminal offense with lasting consequences including criminal record, 8 MVD points, and substantial insurance impacts. Attorney Josh represents clients facing reckless driving charges throughout Arizona.
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 for a free consultation.
