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Do I Need A Lawyer For My Traffic Ticket?

Looking in the rearview mirror and seeing a police officer switch on their lights, and maybe even their siren, is a moment every driver dreads. Sometimes it’s a well-meaning warning or a fix-it ticket, like if the driver has a headlight out. It could be a traffic citation, such as a speeding ticket, that adds points to the driver’s record and may require the completion of a traffic survival course- but ultimately, a hassle or an annoyance. There are plenty of instances where how a driver veers away from a traffic offense and into a criminal offense. Reckless driving, criminal speeding, driving under the influence, and leaving the scene of an accident are all examples of this, and sometimes multiple offenses apply in one scenario. Read on to learn more about traffic citations in Arizona, and whether you should hire an attorney for a criminal traffic citation. Our Arizona law firm offers top-tier legal services at competitive rates, starting with a free consultation by phone. Schedule yours today at 480-470-1504 for more information.

MVD Point System

Most states have a points assessment system that allows them to keep track of a driver’s infractions, taking into account their severity. Points remain on the driver’s record for 12 months, and if the driver accrues 8 points or more, they must complete Traffic Survival School to retain their driving privileges. Some offenses are worth 8 points and automatically require TSS. If you have received a traffic citation, the number of points the citation is worth can give you an idea if it is worth fighting the ticket and/or retaining a defense attorney. Examples of offenses and their point values include:

Hit and run: 6 points
DUI: 8 points
Reckless or aggressive driving: 8 points
Failure to stop at a traffic signal or yield right-of-way: 4 points if it caused serious injury, 6 points if it caused death
Driving or parking in a gore area (the triangle between a freeway and the off-ramp): 3 points
Speeding: 3 points
All other moving violations: 2 points

Traffic Survival School lasts 8 hours, and the driver can expect to pay $100-$200 in fees to participate. For less serious traffic violations, the driver may want to enroll in a Defensive Driving course. These courses last 8 hours and remove 3 points from the driver’s record. Completing the course can get lower-level tickets, like non-criminal speeding, dismissed.

Addressing a Civil Traffic Ticket In Arizona

If a driver in Arizona receives a civil traffic citation, they can usually address the ticket without the need to retain an attorney, which may cost far more than the ticket itself. The driver can accept the citation and pay the ticket. This will add the points to their driving record and could affect their auto insurance rates. The driver can contest the citation by requesting a hearing on the matter. This sometimes results in the citation being reduced or dropped, but can be stressful and burdensome for the driver. The driver may also be eligible to complete a Defensive Driving course to have a citation and the accompanying points dropped.

Criminal Traffic Offenses In Arizona

Most of us need to drive to get to work, school, and to complete other errands and tasks. With how ingrained driving is in our society, it can be easy to forget that we’re driving around thousands of pounds of metal that can become death machines if not operated responsibly. That’s why some driving behaviors are considered crimes instead of traffic violations.

Vehicular Endangerment

Vehicular Endangerment is defined by A.R.S. § 13-1201. Endangerment is a crime that can occur in any context, but if a driver operates their vehicle in a way that recklessly endangers another person with a substantial risk of imminent death or serious injury. This crime is a class 6 felony if the risk was of imminent death, and a class 1 misdemeanor if the risk was serious injury. If the driver actually does harm another person with their dangerous driving, it becomes a different and more serious criminal offense.

DUI

Arizona is notorious for being the state that brings the hammer down the heaviest on defendants convicted of drunk driving. Arizona’s main DUI law is A.R.S. § 28-1381. It lays out legal limits for different contexts and some of the penalties a convicted driver will face. A driver can also be charged with Extreme or Super Extreme DUI for being pulled over with a particularly elevated BAC. All of these charges are misdemeanors, but certain factors, like driving drunk with a child passenger or a suspended license, will result in the driver being charged with felony DUI. For legal defense, consult with experienced Arizona DUI lawyers to navigate the complexities of DUI charges.

Reckless Driving

If a person drives a vehicle in reckless disregard for the safety of others, they are guilty of reckless driving in Arizona. Someone could be cited for reckless driving if they blow through a crosswalk with a pedestrian, tailgate or brake check, weave aggressively between lanes, etc. This is a class 2 misdemeanor which can result in jail time, fines, and driver’s license restrictions. Pleading guilty to this offense is a common plea bargaining strategy for drivers being prosecuted for DUI.

Criminal Speeding

Even the most careful drivers will occasionally let their speed exceed the posted limit by a few miles per hour. They might get a ticket if they’re unlucky, but this wouldn’t amount to criminal speeding. There are three definitions of criminal speeding in Arizona, which is a class 3 misdemeanor:

Exceeding 35mph approaching a school crossing;
Exceeding 45mph if no speed limit is posted; and
Exceeding the posted speed limit by more than 20mph.

Driving On a Suspended License

There is a big difference between misplacing your driver’s license and losing your driver’s license. There are a variety of reasons someone’s driver’s license may be suspended, revoked, canceled, refused, etc. If that person continues to drive despite not having a valid driver’s license, they are in violation of A.R.S. § 28-3473. This is a class 1 misdemeanor, which is punishable by up to 6 months in jail in Arizona.

Considering Defense Representation For Your Criminal Traffic Citation? Contact My AZ Criminal Defense Lawyers For Your Free Case Evaluation

If you’ve received a civil traffic violation, it will probably be cheaper and easier for you to complete defensive driving school or address the ticket in some other manner than hiring an attorney to fight it. But if you’ve received a criminal traffic ticket, you could be facing a wide variety of consequences that could change the course of your life. Jail time, fines, and the loss of your driving privileges may be just the start of what you face if convicted of a criminal traffic offense in Arizona. Retaining strong defense representation can reduce the impact of an arrest and give you more confidence during the trial process. See the difference our experienced Arizona criminal defense team can make for your situation with no risk or obligation. Schedule your free phone consultation with My AZ Criminal Defense Lawyers today at 480-470-1504 for more information.