The attorneys at Guardian Law Group have been dealing with Civil and Criminal Traffic Charges in Arizona for years. Contact us if you're faced with charges for any of the following:
If you are convicted of a moving violation in Arizona, the Arizona Department of Transportation (ADOT) is authorized to assess points against your license. If you accumulate 8 points or more in any 12-month period, ADOT may suspend your license.
Furthermore, a conviction for a misdemeanor traffic offense will represent a permanent criminal conviction on your record.
You shouldn't face job loss, costly insurance hikes, fines & fees, license suspension, points on your license, or a criminal conviction because of a traffic ticket.
Guardian fights to protect your license status, your CDL, and your record and we do it aggressively. Call for a free consultation today -- (602) 935-5039
If you are convicted of a moving violation in Arizona, the Arizona Department of Transportation (ADOT) is authorized to assess points against your license. If you accumulate 8 points or more in any 12-month period, ADOT may suspend your license for 1 year or require Traffic Survival School. The points are assessed per conviction as follows:
Keep in mind that if you fail to appear for court dates, you can be convicted in your absence. In those cases, ADOT will automatically assess points to your record. Any points on your license can dramatically affect your insurance rates.
If you are a professional driver with an Arizona class A, B, or C License, a traffic ticket can have a serious effect on your driving record and your career.
There are hundreds of interstate trucking violations listed in the Code of Federal Regulation ("CFR") and many are misdemeanor criminal offenses. More than that, many of these carry enough points to suspend your CDL or put your license in jeopardy. Guardian Law Group represents truckers accused of on-the-job traffic offenses all over the state of Arizona, including:
If you're a rig driver, your CDL is an essential part of your career. Protect it. Arizona Department of Public Safety (DPS) troopers are trained to look for hundreds of those CFR violations, and they are constantly patrolling for truckers.
Put a former prosecutor on your side - an Arizona CDL Attorney who has fought these cases from both sides for years. You will need an attorney who understands the special issues related to CDL defense and can navigate the system to obtain the best possible outcome for your case.
Call for a free consultation today -- (602) 935-5039
The Arizona Reckless Driving law (A.R.S. § 28-693) states that "a person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving." That's a really broad definition! It means that if an officer/trooper's opinion was that your driving put the safety of people or property at risk, he can issue a ticket or even arrest you.
Reckless Driving in Arizona is a class 2 misdemeanor. If convicted on a first offense, you could be facing:
A second conviction for Reckless Driving in Arizona within 2 years will result in a class 1 misdemeanor, with the possibility of up to 6 months in jail, fines and fees and $2500 plus surcharges, and the MVD will suspend your license for at least 1 year.
The way this law is written, an officer/trooper can issue a citation or even arrest you for making too many lane changes while in traffic, following too closely while speeding, squealing tires at a stop light, etc. That's because the legal definition of "reckless" allows officers to make snap judgment calls with limited information.
Legally speaking, driving "recklessly" means "a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists." Many times, officers only see the "second half" of what actually occurred on the road. For instance, if another driver is distracted by their cell phone and swerves into your lane, an officer may only see your reaction: swerving into another lane to avoid an accident, or slamming on your brakes and changing lanes abruptly.
Fortunately, there have never been more resources for experienced Arizona attorneys to defend traffic cases:
With these tools, we are often able to reconstruct the event and put the officer's account to the test. Arizona courts no longer need to rely solely on an officer's testimony. Guardian Law Group aggressively investigates Reckless Driving cases and offers our clients a tough defense. Contact the firm to start developing a case strategy as soon as possible.
Call today for a free consultation and case evaluation -- (602) 935-5039
Aggressive Driving in Arizona is a class 1 misdemeanor. A conviction could mean any or all of these consequences:
A second conviction for Reckless Driving in Arizona within 2 years will result in a class 1 misdemeanor, the possibility of the consequences listed above, and a mandatory 1 year license suspension.
The Arizona Aggressive Driving law (A.R.S. § 28-695) requires the prosecutor to prove the these elements:
(1) Speeding (or criminal speeding) combined with at least 2 of the following civil offenses:
AND
(2) Creating an immediate hazard to at least one person or vehicle.
Almost any civil moving violation combined with speeding can give the officer enough cause to pull you over, issue a citation, or even arrest you.
As far as Arizona traffic offenses go, this statute is oddly specific. That means an officer is required to document a lot of information; 4 separate elements. Each element needs to stand up in court or you walk away.
First, were you speeding? For this, we order several key pieces of evidence, including (but not limited to):
Second, did you commit two separate and distinct moving violations from the given list? An officer must document the exact driving behavior he observed along with identifying the elements for each infraction. For this, we interview the reporting officer(s) and verify each eye-witness account for accuracy. In addition, there have never been more resources at the disposal of experienced Arizona attorneys to defend traffic cases:
With these tools, we are often able to reconstruct the event and put the officer's account to the test. Arizona courts no longer need to rely solely on an officer's testimony.
Third and foremost, did your driving present an immediate hazard to anyone else? Many officers will issue this citation if observe speeding along with other moving violations. But that's not enough to make this offense stand up in court. The officer is required to document the actual immediate danger to someone else. This is difficult to do when faced with an experienced attorney.
Guardian Law Group thoroughly investigates Aggressive Driving cases and offers our clients a tough defense. Contact the firm to start developing a case strategy as soon as possible.
Call today for a free consultation and case evaluation -- (602) 935-5039
A.K.A. "Excessive Speed," Arizona statute (A.R.S. 28-701.02) lists three ways to receive a charge for Criminal Speeding in Arizona:
Criminal Speeding in Arizona is a class 3 misdemeanor and a conviction can lead to the following consequences:
Needless to say, this is a burden you don't need to carry alone. Get an experienced Arizona Traffic Attorney on your side today.
Call Guardian Law Group today. You don't need to fight your criminal traffic ticket alone -- (602) 935-5039
Each of the three forms of a Criminal Speed charge has unique elements calling for a unique approach to your defense:
Driving Faster than 85 mph on Any Road in Arizona:
This is the most common form of the Criminal Speeding charge under A.R.S. § 28-701.02. The speed limit does not matter - if you're driving 86 mph or faster, an officer (police) or trooper (DPS) can write you a Criminal Speeding ticket in Arizona. Enforcement zones are most common on major highways within city limits and we see the most tickets in these areas:
Exceeding Posted Limit by More Than 20 mph:
Another very common form of this charge, and a relatively easy violation to commit. Imagine a residential neighborhood bordering a small business district (maybe a strip mall or convenience store). These areas often have 25 mph limits posted. It's extremely easy to find your self driving 46 mph or more. If there's no limit posted, 46 mph constitutes a Criminal Speeding charge in Arizona.
Exceeding 35 mph "while approaching a school crossing:"
This is the least common form of the Arizona Criminal Speeding charge, but the easiest to defend. In many cases, an officer will issue this citation or affect an arrest if you're anywhere near a school zone during school hours. However, that's not how the statute was designed nor what it was intended for. Criminal Speeding charges should never be brought for driving 36 mph, and certainly not when a driver isn't "approaching" a school crossing.
No matter how you've been charged with Criminal Speeding in Arizona, you must take advantage of Guardian Law Group's free consultation and case evaluation. An experienced Arizona Criminal Speeding Attorney will breakdown your case and give you an assessment of your chances at getting a complete dismissal.
Call now -- (602) 935-5039
With the potential for steep financial penalties and a permanent criminal record, there is too much at stake to ignore a Criminal Speeding charge. Fortunately, an experienced Arizona Traffic Attorney at Guardian Law Group can review your case and readily determine the possibility of a complete case dismissal or a reduction in charges.
As with any criminal offense in Arizona, the burden falls on the prosecution and law enforcement to prove the elements of the charge. In Criminal Speeding cases, the principle element is the speed. In order to prove speed beyond a reasonable doubt, an officer/trooper must testify as to the method they used to determine a driver's speed. In Arizona, speed enforcement is usually conducted in 2 ways:
The officer needs to list one of these methods in his report or citation. If the alleged speed was captured by radar, laser, or LiDAR, the overall defense strategy is to challenge that the speed calculation is accurate beyond a reasonable doubt.
Guardian Law Group immediately requests that the prosecution produce evidence supporting their evidence. This is called "discovery" and it will include (if available):
If the information supports our case, we'll compile and produce our client's cell phone GPS data and we'll create traffic pattern (average speed) graphs for the area in question.
Complete case dismissal is always the first goal for Guardian Law Group. However, your unique case may call for a more creative resolution. After analysis of the discovery and a full case evaluation, we will often seek alternatives to a criminal conviction:
If needed, we will bring our considerable trial experience to bear and fight your case before a judge. Every case is different and no outcome is guaranteed. What we can guarantee is that if there is a way out of your charge, we'll find it.
Call Guardian Law Group today to speak with an attorney. We'll give you a free case evaluation and consultation -- (602) 935-5039
The Arizona statute governing Street Racing is A.R.S. § 28-708 which prohibits anyone from participating in "a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway." In addition, Racing is commonly charged along with another criminal traffic charge such as: criminal speeding, aggressive driving, reckless driving, etc.
That's a lot to unpack! This boils down to subjectivity: an officer/trooper is making a subjective judgment call, based on their "training and experience," as to what they observe.
Many times, an officer will hear or see driving behavior that in no way qualifies as racing or speed exhibition under the statute. The goal is to explain the differences in accounts to the prosecutor in a strategic way.
Squealing/Smoking tires (accelerating or braking):
There are a multitude of causes for tire squealing that have nothing to do with racing or exhibitions of speed: damp roads, balding tires, loose gravel/debris, mechanical issues, etc. These examples and dozens more may demonstrate completely innocent causes, but may still attract the attention of a police officer. At that point, a high performance car or the driver's appearance may create suspicion with the officer.
Communication with other drivers:
Suspicion may also arise when an officer observes two or more cars with windows open and drivers or passengers yelling or gesturing at each other. Imagine friends driving next to each other tossing innocent verbal jabs or gestures back and forth. If both vehicles are driving over the speed limit or accelerating quickly, an officer could mistake this for street racing.
Road Rage:
If you've ever evoked a road-raged driver's wrath, you know that they will often make you the brunt of highway exhibitions of speed, swerving, angry gestures, and yelling. While you may not intend to be involved, an officer may observe the behavior and assign guilt-by-association to you.
The list goes on and on. If there is an innocent explanation for whatever got you pulled over, it's a good bet the officer didn't buy it and the prosecutor won't easily buy it either.
A first-time conviction under A.R.S. § 28-708 is a class 1 misdemeanor and potentially carries steep criminal consequences:
A second conviction for Racing / Speed Exhibition in Arizona within 2 years will result in a class 6 felony:
This is among the most serious criminal traffic offenses and requires an experienced approach to achieve a positive outcome.
Racing / Speed Exhibition cases are frequently among the more complex traffic cases we defend. The dynamics of multiple vehicles and multiple drivers may be crucial to the outcome of your case.
In most cases, complex diagrams must be constructed to show the relationships between two or more vehicles on the road and the differences between what an officer observed and what really happened. Many times, a skilled attorney can demonstrate that the client had no knowledge of another racing participant.
Most importantly, if there are no other cars on the road, it's completely acceptable to use a high performance vehicle for its intended purpose (within reason). There's no reason why a fun drive should become a permanent criminal record.
Complete case dismissal is always the first goal for Guardian Law Group. However, your unique case may call for a more creative resolution. After analysis of the discovery and a full case evaluation, we will often seek alternatives to a criminal conviction:
If needed, we will bring our considerable trial experience to bear and fight your case before a judge. Every case is different and no outcome is guaranteed. What we can guarantee is that if there is a way out of your charge, we'll find it.
Call Guardian Law Group today to speak with an attorney. We'll give you a free case evaluation and consultation -- (602) 935-5039
The Arizona law governing Hit and Run (Leaving the Scene of an Accident) in Arizona is found in A.R.S. § 28-661 (See also the accompanying statutes: 28-662, 28-663, 28-664, and 28-665).
If a driver is involved in an accident with an occupied vehicle (any accident, no matter who's at fault or how minor), they are required to stop their vehicle, exchange relevant information, and render reasonable aid. If the other vehicle is unattended, the driver is required to either find and notify the owner of the vehicle, or leave a note providing the driver's name and address.
If the accident involved damage only to another vehicle, Hit and Run will be charged as a class 2 misdemeanor:
However, if the accident resulted in injury or death, a Hit and Run could be charged as a felony - as high as a class 2 felony:
If you are facing a Hit and Run / Leaving the Scene charge in Arizona, it's vitally important that you contact an Arizona attorney with the experience necessary to handle your case.
Guardian Law Group has years of experience and success with Hit and Run cases. Call today for a free consultation and case evaluation -- (602) 935-5039
Mistake / Lack of Knowledge
In many cases, drivers may be completely unaware that they were involved in an accident at all. Some vehicle contact is so slight that a driver of a large or heavy vehicle may never notice:
If you were driving a large vehicle and the other driver had a much smaller vehicle, the other driver may have felt contact and recorded a license plate number, but waited until later to check. If that driver contacts their insurance company with the information, the accident may be reported to police as a Hit and Run. In any of these situations, you are not guilty of Hit and Run if you had not idea there was an accident to begin with.
Another very common defense is mistaking another person or a vehicle on the road for road debris. A driver may hear a sound near their fender or undercarriage and mistake it for road debris or an animal. Perhaps something was discarded from another vehicle on the highway and hit yours.
Complete case dismissal is always the first goal for Guardian Law Group. However, your unique case may call for a more creative resolution. After analysis of the discovery and a full case evaluation, we will often seek alternatives to a criminal conviction:
If needed, we will bring our considerable trial experience to bear and fight your case before a judge. Every case is different and no outcome is guaranteed. What we can guarantee is that if there is a way out of your charge, we'll find it.
Call Guardian Law Group today to speak with an attorney. We'll give you a free case evaluation and consultation -- (602) 935-5039
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