Phoenix Reckless Driving Lawyer

A reckless driving charge in Arizona is more than a simple traffic ticket—it’s a criminal offense that can lead to jail time, license suspension, and lasting damage to your record. What’s worse, these charges often rely on subjective interpretations of what “reckless” means.

I’m Joshua A. Lopez, Esq, a Phoenix reckless driving lawyer known by my clients as Attorney Josh. With 165 five-star Google reviews, I’ve built my reputation on defending people like you through intelligence, preparation, and precision.

My philosophy is simple: Smart Defense. Strong Results. Every strategy I use is calculated to protect your freedom, your record, and your future.

Understanding Reckless Driving Under Arizona Law

Under A.R.S. §28-693, a person commits reckless driving when they operate a vehicle with reckless disregard for the safety of persons or property. This broad definition gives police and prosecutors wide discretion—meaning many people are charged unfairly or excessively.

Common behaviors that lead to reckless driving charges include:

• Excessive speeding (especially 20+ mph over the limit)
• Weaving through traffic or unsafe lane changes
• Tailgating or aggressive driving behavior
• Running red lights or stop signs
• Street racing or “showing off” in front of others
• Driving too fast for weather or traffic conditions

But “reckless” is a subjective term. What one officer interprets as dangerous may have been a simple lapse in judgment, or even lawful driving under the circumstances. That’s where smart legal defense makes the difference.

Penalties for Reckless Driving in Arizona

Many people are surprised to learn that reckless driving is classified as a criminal misdemeanor, not a civil traffic ticket. That means it carries serious penalties—even for a first-time offense.

First Offense

• Class 2 misdemeanor
• Up to 4 months in jail
• Fines up to $750, plus surcharges
• License suspension (up to 90 days)
• 8 points added to your driving record
• Potential increase in insurance premiums

Second Offense (Within 24 Months)

• Class 1 misdemeanor
• Up to 6 months in jail
• Fines up to $2,500
• Mandatory 1-year license revocation
• Possible probation or community service

Reckless driving convictions can also label you as a “high-risk driver,” making it difficult to obtain affordable car insurance or maintain certain jobs.

As a Phoenix reckless driving lawyer, I understand how devastating these consequences can be—and I know how to fight them effectively.

How Reckless Driving Differs from Other Traffic Offenses

While reckless driving and aggressive driving are sometimes used interchangeably, they are legally distinct under Arizona law.

• Aggressive Driving (A.R.S. §28-695) involves multiple traffic violations committed in a continuous sequence.
• Reckless Driving (A.R.S. §28-693) focuses solely on how a vehicle was operated—if it endangered people or property.

The distinction is crucial. With smart strategy, I often help clients get reckless driving charges reduced to civil offenses, like speeding or unsafe lane changes, which don’t carry criminal penalties.

How I Build a Smart Reckless Driving Defense

When facing a reckless driving charge, simply telling your side of the story isn’t enough. The prosecution relies on police testimony, dashcam footage, and subjective opinions about your “intent.” My role as your Phoenix reckless driving lawyer is to dismantle that narrative—piece by piece.

Here’s how I do it:

1. Analyzing the Evidence

I start by reviewing every aspect of your case—police reports, officer body camera footage, dashcam video, radar calibration records, and witness statements. Often, inconsistencies or procedural mistakes can weaken the prosecution’s case.

2. Challenging Subjective Judgments

Many reckless driving charges stem from an officer’s opinion. I cross-examine their observations and expose any assumptions or exaggerations. If their conclusions aren’t backed by objective evidence, their credibility becomes questionable.

3. Investigating Mechanical or Environmental Factors

Mechanical failures—like brake issues or tire blowouts—can mimic reckless behavior. Weather, lighting, or road conditions may also have played a role. I use these facts to show your actions were reasonable under the circumstances.

4. Negotiating for Reductions

In many cases, I negotiate with prosecutors to reduce reckless driving to a civil speeding violation or disorderly conduct charge—avoiding jail, points, and a criminal record.

5. Preparing for Trial

If negotiation isn’t an option, I prepare an aggressive courtroom strategy designed to create doubt about the prosecution’s claims. A well-prepared case often leads to dismissal or acquittal before it ever reaches trial.

A smart defense isn’t just reactive—it’s proactive, strategic, and tailored to your exact situation.

Common Defenses to Reckless Driving Charges

Every case is unique, but several proven defenses frequently lead to positive results in reckless driving cases:

Lack of Intent

The prosecution must prove you acted with “reckless disregard.” If your actions were unintentional or due to an emergency, there’s no criminal intent.

Insufficient Evidence

Without objective evidence—like radar data, dashcam footage, or credible witnesses—the state’s case is weak. I challenge assumptions and force prosecutors to meet their burden of proof.

Necessity

If you were driving quickly to avoid danger or respond to a legitimate emergency, I can argue your actions were justified under Arizona law.

Improper Traffic Stop

If law enforcement lacked reasonable suspicion or probable cause to pull you over, any evidence obtained afterward may be suppressed.

Calibration or Equipment Errors

Radar and LIDAR devices require regular maintenance and certification. If these records are missing or inaccurate, speed-related evidence can be thrown out.

Using these defenses, I’ve helped clients throughout Phoenix achieve reduced penalties—or complete dismissal.

Why a Reckless Driving Charge Is So Serious

Even if jail time isn’t imposed, a reckless driving conviction can have long-term consequences that extend beyond the courtroom:

• A permanent criminal record visible to employers and background checks
• Higher insurance premiums or loss of coverage
• Driver’s license suspension affecting your job and daily life
• Points accumulation leading to additional MVD penalties
• Difficulty securing commercial driving or professional licenses

A conviction also stays on your record for years. That’s why having a Phoenix reckless driving lawyer who understands both the legal and practical impacts of your case is essential.

How My Approach Is Different

Most defense attorneys handle reckless driving like any other misdemeanor. I don’t. My strategy is built around precision, psychology, and preparation.

Here’s what separates my firm from the rest:

• 165+ Five-Star Reviews: A reputation for excellence backed by real client results.
• Strategic Tactics: Every defense is customized to the case—not cookie-cutter representation.
• Personal Representation: You’ll work directly with me, not an associate or assistant.
• Data-Driven Defense: I use technology, evidence, and logic to counter emotional arguments.
• Strong Communication: I explain every step clearly, so you understand your options and risks.

I don’t just aim to win your case—I aim to protect your freedom, record, and peace of mind.

Frequently Asked Questions

Can a Reckless Driving Charge Be Dismissed?

Yes. Many cases are dismissed due to insufficient evidence, improper police procedures, or effective negotiation. I focus on exposing every weakness in the prosecution’s case.

Will I Lose My License for Reckless Driving?

A first offense can result in suspension for up to 90 days. However, with a strategic defense, I often help clients avoid suspension or obtain restricted driving privileges.

Is Reckless Driving a Felony in Arizona?

No, reckless driving is a misdemeanor—but it’s still a criminal charge that creates a permanent record if convicted.

Can Reckless Driving Affect My Insurance?

Yes. Insurance companies view reckless driving as a major violation, often resulting in significant rate increases or cancellation. A dismissal or reduction can help prevent this.

Should I Go to Court Alone for a Reckless Driving Charge?

Never. Prosecutors take these cases seriously, and appearing without legal counsel can lead to harsher penalties. I ensure your rights are protected and your defense is strategic from day one.

Areas Served

I proudly represent clients in Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, and throughout Maricopa County.
Whether you’re charged with reckless driving, aggressive driving, or any other traffic-related crime, I bring strategic insight, experience, and precision to every case.

How We Can Help

If you’re facing a reckless driving charge in Phoenix, don’t leave your future to chance. A conviction can impact your job, finances, and freedom—but with the right strategy, it can be fought and won.

At the Law Office of Joshua A. Lopez, Esq, I combine deep legal knowledge with tactical defense planning to achieve Smart Defense. Strong Results.

Call 480-386-1824 today for a free and confidential consultation. Let’s discuss your situation, build your strategy, and take control of your case before it controls you.

When your reputation and freedom are on the line, you deserve more than ordinary defense—you deserve Smart Defense. Strong Results.