AGGRESSIVE DRIVING
A Violation That Is an Immediate Hazard to Another Person or Vehicle
Legal Defense for Aggressive Driving Charges in Phoenix & Scottsdale, AZ
KOPLOW LAW FIRM - PROFESSIONAL DUI LAW SERVICES IN PHOENIX
In Arizona, A.R.S. 28-695 specifically classifies and defines the violation of aggressive driving.
A. A person commits aggressive driving if both of the following occur:
1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:
(a) Failure to obey traffic control devices as provided in section 28-644.
(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.
(c) Unsafe lane change as provided in section 28-729.
(d) Following a vehicle too closely as provided in section 28-730.
(e) Failure to yield the right-of-way as provided in article 9 of this chapter.
2. The person’s driving is an immediate hazard to another person or vehicle.
B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.
C. In addition to any other penalty prescribed by law:
1. A person convicted of a violation of this section shall attend and successfully complete approved traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.
2. The court shall forward the abstract of conviction to the department and may order the department to suspend the person’s driving privilege for thirty days.
D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section within a period of twenty-four months:
1. The person is guilty of a class 1 misdemeanor.
2. In addition to any other penalty prescribed by law, the court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person for one year.
E. The dates of the commission of the offense determine whether subsection D of this section applies. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.
F. For the purposes of this section “course of conduct” means a series of acts committed during a single, continuous period of driving.
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Hiring an Aggressive Driving Defense Attorney in Phoenix, AZ
Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.
An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.
You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.
An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.
For more information, call our office at (602) 494-3444 or visit our contact page.
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"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver.
This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."
- David E.
REAL CLIENT, PHOENIX, AZ
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."
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