Aggressive Driving Defense in Arizona — ARS 28-695
Charged with aggressive driving under ARS 28-695? A class 1 misdemeanor carrying up to 6 months jail, $2,500 in fines, and license suspension. Oliverson Law fights these charges.
Arizona Aggressive Driving Charges Under ARS 28-695
Under Arizona Revised Statutes 28-695, aggressive driving occurs when a motorist commits speeding while also engaging in at least two additional traffic violations during a continuous period of driving. Those violations can include failing to obey a traffic signal, passing on the right off-pavement, unsafe lane changes, following too closely, or failing to yield the right of way. A conviction is classified as a class 1 misdemeanor — the most serious misdemeanor category in Arizona — and can result in jail time, steep fines, and mandatory traffic survival school.
At Oliverson Law DUI & Criminal Defense, our team includes a former judge, former prosecutors, and a former police officer who understand exactly how law enforcement builds aggressive driving cases — and where those cases fall apart. We examine every element the state must prove and build a defense strategy tailored to the specific facts of your stop, your driving behavior, and the officer’s observations.
Common Concerns After an Aggressive Driving Charge
An aggressive driving citation can escalate quickly. Clients often come to us with these concerns:
Oliverson Law takes these consequences seriously and works from day one to protect your driving privileges, your record, and your freedom.
How We Defend Aggressive Driving Charges
Aggressive driving cases hinge on the officer’s ability to prove multiple simultaneous violations during a continuous period of driving. Our defense process targets every weak point in the state’s case.
Traffic Stop Analysis
We review dashcam footage, body camera recordings, and the officer’s sworn statement to determine whether the stop itself was lawful and whether each alleged violation was properly documented.
Element-by-Element Challenge
ARS 28-695 requires proof of speeding plus two additional violations committed during a continuous period. We challenge whether the state can prove each element beyond a reasonable doubt.
Evidence Suppression
If the traffic stop lacked reasonable suspicion, or if radar and speed detection equipment was improperly calibrated, we file motions to suppress that evidence entirely.
Negotiation or Trial
We negotiate for reduction to a civil traffic violation when possible, or take the case to trial and challenge the officer’s testimony and the state’s reconstruction of events.
What You Want — and How We Achieve It
An aggressive driving charge threatens your license, your wallet, and your criminal record. Here is what our clients want — and how we deliver.
Charge Reduction to Civil Violation
Our most common outcome is negotiating the misdemeanor down to a civil traffic infraction — eliminating jail risk and keeping your criminal record clean.
Keeping Your License
We fight to prevent the 30-day suspension and the 3-point hit to your MVD record that comes with an aggressive driving conviction.
Avoiding Jail and Fines
Class 1 misdemeanors carry up to $2,500 in fines plus surcharges. We work to eliminate or substantially reduce financial penalties and keep you out of jail.
Protecting Insurance Rates
A clean resolution means your insurance company never sees a misdemeanor conviction — saving you thousands in premium increases over the coming years.
Complete Case Resolution
From the initial hearing through final disposition, we handle every court appearance, filing, and negotiation so you can focus on your life.
Oliverson Law treats every aggressive driving case with the seriousness it deserves — because a misdemeanor conviction follows you far longer than the traffic stop itself.
What Constitutes Aggressive Driving in Arizona
Under ARS 28-695, aggressive driving requires speeding plus at least two of the following violations during a continuous period of driving:
Failure to Obey Traffic Signals
Running red lights, ignoring stop signs, or disregarding traffic control devices while speeding.
Improper Passing
Passing another vehicle on the right by driving off the paved portion of the roadway.
Unsafe Lane Changes
Changing lanes without signaling or when it is not safe to do so, weaving between vehicles.
Following Too Closely
Tailgating another vehicle without maintaining a reasonable and prudent following distance.
Failure to Yield Right of Way
Not yielding to other vehicles, pedestrians, or emergency vehicles as required by law.
Speeding (Required Element)
Exceeding the posted speed limit or driving too fast for conditions is the mandatory base element of every aggressive driving charge.
Reckless Driving Enhancement
If aggressive driving is committed with reckless disregard for others’ safety, the charge can be elevated under ARS 28-695(B).
Repeat Offense Penalties
A second aggressive driving conviction within 24 months results in a mandatory license revocation for one year.
The prosecution must prove speeding plus at least two of these additional violations beyond a reasonable doubt. Our job is to dismantle that proof element by element.
Why Oliverson Law for Aggressive Driving Defense
Aggressive driving charges demand attorneys who understand traffic law, criminal procedure, and courtroom strategy. At Oliverson Law, our team has been on every side of the system.
30+ Years of Collective Experience
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
Former Judge & Prosecutors
As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
24/7 Availability
Because arrests don’t wait for business hours. All clients get our personal cell phone numbers — reach us by text or call day or night.
Team Approach to Your Case
You get access to multiple experienced attorneys who work together to achieve the best possible result for you.
Recent Case Victories
Our results demonstrate our commitment to winning.
What Our Clients Say
FAQs About Aggressive Driving in Arizona
Aggressive driving under ARS 28-695 is a class 1 misdemeanor. Penalties include up to 6 months in jail, fines up to $2,500 plus surcharges, mandatory traffic survival school, 3 points on your MVD record, and possible license suspension for 30 days. A second offense within 24 months triggers a mandatory one-year license revocation.
Yes. With strong defense work, aggressive driving charges can often be negotiated down to one or more civil traffic infractions. This eliminates the criminal record, removes jail risk, and significantly reduces the impact on your driving record and insurance rates. Our attorneys regularly achieve these reductions.
Aggressive driving requires proof of speeding plus two additional traffic violations during a continuous period. Reckless driving under ARS 28-693 involves driving with reckless disregard for the safety of persons or property — it does not require specific traffic violations. However, aggressive driving can be elevated if committed with reckless disregard, resulting in harsher penalties.
Yes. Because aggressive driving is a criminal misdemeanor — not a civil traffic violation — a conviction creates a criminal record that appears on standard background checks. This can affect employment opportunities, professional licensing, and housing applications. Avoiding a conviction through dismissal or reduction is critical.
Serving Clients Across Arizona
Facing Aggressive Driving Charges in Arizona?
Do not let a class 1 misdemeanor threaten your license, your record, and your freedom. Former judge, prosecutor, and police officer fighting for you.