Scottsdale Reckless Driving Lawyer
Reckless driving is a criminal offense in Arizona—not just a traffic ticket. Under ARS § 28-693, reckless driving is a Class 2 Misdemeanor that can result in jail time, substantial fines, license consequences, and a permanent criminal record. Scottsdale’s roadways, from Scottsdale Road to the Loop 101, see significant reckless driving enforcement, and these charges are prosecuted aggressively in Scottsdale City Court.
Attorney Josh Lopez defends Scottsdale residents and visitors facing reckless driving charges, working to protect driving privileges, minimize penalties, and avoid criminal convictions where possible.
What Constitutes Reckless Driving in Arizona
Under ARS § 28-693, a person commits reckless driving by driving a vehicle in “reckless disregard for the safety of persons or property.”
This standard is subjective—there is no specific speed or behavior that automatically constitutes reckless driving. Instead, officers and prosecutors evaluate whether the driving conduct showed conscious disregard for the risk of harm to others.
Common Behaviors Charged as Reckless Driving
Excessive Speeding
While speeding alone is typically a civil traffic violation, driving substantially over the limit—particularly 20+ mph over—may be charged as reckless driving. The higher the speed over the limit and the more dangerous the circumstances (traffic, pedestrians, school zones), the more likely reckless driving charges apply.
Aggressive Driving Behaviors
- Weaving through traffic at high speed
- Tailgating at unsafe distances
- Cutting off other vehicles
- Running red lights or stop signs at speed
- Passing on shoulders or in no-passing zones
Racing
Street racing or exhibition driving is frequently charged as reckless driving, often alongside racing-specific statutes.
Erratic Operation
- Sudden lane changes without signaling
- Swerving between lanes
- Operating in a manner suggesting impairment (even if DUI is not charged)
Distracted Driving
In some cases, distracted driving—texting, using a phone, eating—that results in dangerous operation may support reckless driving charges if the distraction created serious risk.
Reckless Driving vs. Related Offenses
Criminal Speeding (ARS § 28-701.02)
Criminal speeding is a separate Class 3 Misdemeanor offense when:
- Exceeding 85 mph regardless of posted limit
- Exceeding the limit by 20 mph in most zones
- Exceeding 35 mph approaching a school crossing
Criminal speeding and reckless driving can be charged together or separately. Criminal speeding has specific speed thresholds; reckless driving is based on the overall character of driving conduct.
Aggressive Driving (ARS § 28-695)
Aggressive driving requires speeding AND at least two of:
- Failure to obey traffic control device
- Unsafe lane change
- Following too closely
- Failure to yield right-of-way
Aggressive driving is a Class 1 Misdemeanor—more serious than reckless driving alone.
Racing on Highways (ARS § 28-708)
Racing on streets or highways is a Class 1 Misdemeanor for first offense, Class 6 Felony for second offense within 24 months. Racing charges often accompany reckless driving charges.
DUI (ARS § 28-1381)
Reckless driving and DUI are frequently charged together. The erratic driving that leads to a traffic stop for DUI investigation may itself support reckless driving charges. These charges are prosecuted separately, and conviction on both is possible.
Penalties for Reckless Driving
Reckless driving under ARS § 28-693 is a Class 2 Misdemeanor.
Criminal Penalties
| Penalty | Maximum |
| Jail | 4 months |
| Fine | $750 |
| Probation | Up to 2 years |
First-time offenders may receive probation rather than jail, but this depends on the circumstances of the offense and any prior record.
License Consequences
Points: Reckless driving adds 8 points to your driving record—the maximum for any single offense. Accumulating 8+ points in 12 months triggers mandatory Traffic Survival School and potential suspension.
Suspension: The court may order license suspension as part of sentencing. Additionally, accumulating points or multiple offenses can trigger MVD administrative suspension.
Insurance Consequences
A reckless driving conviction significantly increases insurance premiums—often for years. Insurers view reckless driving as a high-risk indicator, and some may decline coverage entirely.
Criminal Record
Reckless driving creates a permanent criminal record. This appears on background checks and can affect employment, professional licensing, and other opportunities.
Scottsdale Reckless Driving Enforcement
High-Enforcement Areas
Scottsdale Road: The main north-south corridor through Scottsdale sees significant traffic enforcement. Speeding, aggressive driving, and reckless conduct are common enforcement targets.
Loop 101 (Pima Freeway): The section of Loop 101 through Scottsdale connects to the rest of the Valley. Arizona Department of Public Safety (DPS) patrols the freeway, but Scottsdale PD may be involved in incidents occurring at exit ramps or originating from Scottsdale streets.
Frank Lloyd Wright Boulevard: This major east-west road sees enforcement for speeding and reckless driving, particularly during commute hours.
Shea Boulevard: Heavy traffic corridor with significant enforcement activity.
Old Town Area: While speeds are lower, aggressive driving in congested entertainment district traffic can result in charges.
Construction Zones
Arizona law enhances penalties for traffic offenses in construction zones. Reckless driving in a construction zone may result in more aggressive prosecution and sentencing.
School Zones
Reckless driving near schools is treated particularly seriously. Officers and prosecutors view endangerment of children as an aggravating factor warranting enhanced penalties.
Reckless Driving and DUI Charges
Reckless driving and DUI frequently occur together. A typical scenario:
- Officer observes erratic driving (weaving, speeding, running signals)
- Officer initiates traffic stop
- DUI investigation reveals impairment
- Driver is charged with both DUI and reckless driving
Why Both Charges Matter
Prosecutors may pursue both charges because:
- Convictions on both result in greater total penalties
- If DUI is dismissed or reduced, reckless driving conviction remains
- Multiple convictions demonstrate pattern of dangerous behavior
“Wet Reckless” Not Available in Arizona
Some states allow DUI charges to be reduced to “wet reckless” (reckless driving involving alcohol). Arizona does not have this option. A DUI charge may be reduced to standard reckless driving through negotiation, but this does not carry the same alcohol-related implications as a “wet reckless” in other states.
Defense Strategies for Reckless Driving
Challenging the “Reckless” Characterization
The key question is whether driving conduct showed “reckless disregard for the safety of persons or property.” Defense strategies include:
Context of the driving: Was there actually risk to persons or property? An empty road at 3 AM presents different circumstances than a crowded intersection at rush hour.
Necessity: Were there emergency circumstances that required the driving conduct? Medical emergencies, avoiding hazards, or other necessities may provide defense.
Reasonable explanation: Was there a reasonable explanation for the conduct that does not indicate reckless disregard?
Questioning Officer Observations
Officers often form subjective impressions about driving conduct. Defense may challenge:
- Officer’s vantage point and ability to observe
- Traffic and road conditions at the time
- Accuracy of speed estimates without radar
- Whether dash cam or body cam supports officer’s account
Lack of Evidence
The prosecution must prove beyond a reasonable doubt that driving showed reckless disregard. Defense may focus on:
- No video evidence of alleged conduct
- No independent witnesses
- Inconsistent or vague descriptions
- Lack of accident or near-miss to demonstrate actual danger
Negotiation to Lesser Offense
In many cases, reckless driving charges may be negotiated down to civil traffic violations—speeding, improper lane change—that do not create criminal records. This is often the most practical outcome for first-time offenders with otherwise clean records.
The Reckless Driving Case Process
Citation or Arrest
For reckless driving alone, you will typically receive a citation with a court date. If reckless driving accompanies DUI or other charges, you may be arrested.
Scottsdale City Court
Misdemeanor reckless driving is handled in Scottsdale City Court:
Location: 3700 N. 75th Street, Scottsdale, AZ 85251
Court Proceedings
- Arraignment: Charges read, plea entered (typically “not guilty”)
- Pretrial conference: Discussion with prosecutor, potential negotiation
- Trial or resolution: Case proceeds to trial or resolves through plea
Many reckless driving cases resolve at the pretrial stage through negotiation to reduced charges or dismissal.
Frequently Asked Questions
Is reckless driving a criminal offense in Arizona?
Yes. Reckless driving under ARS § 28-693 is a Class 2 Misdemeanor—a criminal offense that can result in jail time, fines, and a permanent criminal record. It is not merely a traffic ticket.
How many points is reckless driving in Arizona?
Reckless driving adds 8 points to your driving record—the maximum for any single offense. Accumulating 8 or more points in 12 months triggers mandatory Traffic Survival School and potential license suspension.
Can reckless driving be reduced to a traffic ticket?
Through negotiation with prosecutors, reckless driving charges may sometimes be reduced to civil traffic violations (speeding, improper lane change) that do not create criminal records. This depends on the circumstances of the offense and your prior record.
Will I go to jail for reckless driving?
Reckless driving carries up to 4 months in jail, but first-time offenders typically receive probation rather than incarceration. Factors that may increase jail likelihood include high speeds, accidents, DUI involvement, or prior offenses.
How does reckless driving affect my insurance?
A reckless driving conviction significantly increases insurance premiums—often doubling or tripling rates for several years. Some insurers may decline to renew coverage entirely.
Contact a Scottsdale Reckless Driving Attorney
Reckless driving charges threaten your driving privileges, your record, and your wallet. An experienced attorney can evaluate the evidence, challenge the prosecution’s characterization of your conduct, and work toward reduced charges or dismissal.
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.