CHARGING AND PLEA OFFER GUIDELINES

§ 28-695 AGGRESSIVE DRIVING

II. ELEMENTS OF THE OFFENSE

1. A person

2. During a course of conduct

3. Commits a violation of ARS § 28-701(A) or ARS § 28-701.02; and

4. Commits a violation of at least two of the following:

×     ARS § 28-644 [failure to obey traffic control devices

×     ARS § 28-724 [overtaking on the right]

×     ARS § 28-729 [unsafe lane change]

×     ARS § 28-730 [following too closely]

× ARS §§ 28-771 through 28-776 [failure to yield]

5. And, the driving creates an immediate hazard

6. To another person or vehicle

1. Reckless Driving

When appropriate a charge of § 28-693 should be filed with the aggressive driving charge.

1. Individuals Injured or Property Damaged

An aggressive driving charge can be brought when the driving creates an immediate hazard to another person or vehicle.  It does not require an injury or damage.  If a person is injured or property is damaged, the defendant should plead to ARS § 28-693 and the offer should be increased.  The prosecutor should also request restitution which is available for ARS § 28-693 violations.

2. Prior Record of Other Major Traffic Violations

If the defendant has other major traffic convictions, the offer should be appropriately increased.

3. Evidence of Intoxication

If the defendant was intoxicated at the time of the collision, the offer should be appropriately increased.  If the DR indicates that alcohol was involved, the offer should be appropriately increased.

4. Defendant's Previous Record

The defendant's prior driving record should be reviewed.  Numerous moving violations indicate a pattern of bad driving behavior.  In such instances, the offer should be aggravated.

5. Mandatory Revocation

A second conviction of ARS § 28-695 within 24 months will result in a mandatory one year revocation of driving privileges. ARS § 28-695(D)(2).

6. Discretionary Suspension

For a first offense, the court may suspend the driver's license for up to 30 days. ARS § 28-695(C)(2).

7. Mandatory Driving Class

Upon a conviction of ARS § 28-695, a defendant must be ordered to attend and successfully complete training and educational sessions approved by the Arizona Department of Transportation.  The classes are designed to improve the driving habits and safety of drivers.

PLEAD TO § 28-693

FINE: $300*- 500
JAIL: 0 - 10
OTHER: *$150 SUSPENDED ON COMPLETION OF TRAFFIC SURVIVAL SCHOOL; SUSPEND LICENSE FOR 30 - 90 DAYS; Dismiss § 28-695 AND BACK UP CITATIONS

PLEAD TO § 28-693

FINE: $500- 1000
JAIL: 20 - 90
OTHER: SURRENDER LICENSE; Dismiss 28-695 AND BACK UP CITATIONS

PLEAD TO § 28-693

FINE: $1000 - MAXIMUM FOR CLASS 1 MISDEMEANOR
JAIL: 90 - 180 [20 DAYS MANDATORY MINIMUM JAIL]
OTHER: SURRENDER LICENSE; Dismiss § 28-695 AND BACK UP CITATIONS

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