A lot of Arizona driving incidents start as “just a ticket,” but certain situations trigger criminal charges instead of a civil citation. Once a case is criminal, it can involve an arraignment in criminal court, a lasting record, stricter penalties, and possible jail exposure—especially when prosecutors believe the conduct endangered others or involved a serious legal violation.
If you’re looking for guidance from a Phoenix criminal traffic lawyer, it helps to know which charges show up most often and what typically causes officers to file them. Below are several of the most common criminal traffic violations filed across Arizona, along with the conduct that can lead to each charge.
Criminal Speeding (A.R.S. § 28-701.02)
Criminal speeding—sometimes labeled “excessive speed”—is one of the most frequently filed criminal traffic offenses because it can be charged even when there’s no crash or injury. Arizona law treats certain speed thresholds as a crime rather than a civil infraction, including driving over 85 mph anywhere in the state, speeding more than 20 mph over the posted limit in many zones, and speeding above specific limits in school zones and business/residential areas.
What makes criminal speeding especially serious is how quickly it can happen: a driver passing on a freeway, misjudging a downhill grade, or flowing with traffic during light enforcement can still cross into criminal territory. Once filed, it proceeds in criminal court, and it cannot simply be converted into a regular civil speeding complaint arising out of the same circumstances.
Reckless Driving (A.R.S. § 28-693)
Reckless driving is commonly charged when an officer believes a driver operated with “reckless disregard” for the safety of people or property. The allegation often stems from weaving through traffic, excessive speeding combined with unsafe maneuvers, running signals at high speed, or driving behavior that appears intentionally dangerous. Arizona classifies reckless driving as a criminal offense and sets enhanced consequences for repeat convictions within a defined time window.
Because “reckless disregard” can be subjective, these cases often revolve around what the driving actually looked like in context—traffic density, visibility, road conditions, and whether video footage supports or contradicts the officer’s description.
Aggressive Driving (A.R.S. § 28-695)
Aggressive driving is not the same as ordinary “speeding plus attitude.” Under Arizona law, it involves a course of conduct that includes a speeding violation (civil speeding or criminal speeding) plus at least two additional violations listed in the statute (such as following too closely, unsafe lane changes, failing to obey traffic control devices, and similar conduct).
In practice, aggressive driving charges often arise when a stop includes multiple alleged behaviors in a short period—speed, tailgating, cutting across lanes, and ignoring signals. That “stacking” effect is what turns the incident from a single citation into a criminal filing.
Racing on Highways / Street Racing (A.R.S. § 28-708)
Street racing and “exhibition of speed” cases are common in areas where officers patrol known racing corridors, late-night routes, or event-adjacent streets. Arizona law prohibits racing, speed competitions, drag racing, and exhibitions of speed or acceleration on streets or highways, and it also covers participating “in any manner,” not only the person behind the wheel.
These cases frequently rely on officer observations, witness accounts, and sometimes video. Even without a collision, the allegation is typically framed as a public-safety risk, which can make prosecutors less flexible on negotiated outcomes.
Driving on a Suspended, Revoked, Canceled, or Refused License (A.R.S. § 28-3473)
Driving while suspended is one of the most common “surprise” criminal filings because many drivers don’t realize their driving privilege is inactive until they’re pulled over. Suspensions can happen for reasons that feel administrative—unresolved tickets, missed court dates, insurance lapses, or failure to complete required steps with MVD.
Arizona law makes it unlawful to operate a vehicle on a public highway when the privilege to drive is suspended, revoked, canceled, refused, or the driver is disqualified, and it classifies a violation as a criminal offense.
DUI (Impairment or “Actual Physical Control”) (A.R.S. § 28-1381)
DUI remains one of the most recognizable criminal traffic cases in Arizona. The statute makes it unlawful to drive or be in “actual physical control” of a vehicle under several circumstances, including impairment to the slightest degree, certain alcohol concentration levels, and the presence of specific drugs or metabolites, depending on the subsection charged.
“Actual physical control” is especially important because a case can be filed even when a person is not actively driving—what matters is whether the state argues the person had the ability and circumstances to control the vehicle while impaired. These cases often turn on timelines, observations, testing procedures, and what video footage shows.
Aggravated DUI (Felony DUI) (A.R.S. § 28-1383)
Aggravated DUI is a felony-level DUI charge, typically triggered by aggravating factors listed in the statute—such as DUI while the driver’s license is suspended/revoked, DUI with a required ignition interlock restriction, multiple DUI-related convictions within a statutory period, or DUI with a minor in the vehicle.
Because it is a felony filing, the consequences can escalate quickly: longer loss of driving privileges, stricter sentencing exposure, and higher stakes in negotiations. It also increases the importance of early evidence review, since felony cases often involve deeper discovery and more complex motion practice.
Leaving the Scene of an Accident Involving Injury or Death (A.R.S. § 28-661)
“Hit-and-run” cases involving injury are among the most serious criminal traffic filings in Arizona. The statute addresses accidents involving death or physical injuries and sets felony classifications when a driver fails to stop or comply with required duties after such a crash.
These cases can be filed even when a driver claims they didn’t realize the severity of the accident. Investigations often focus on what a reasonable driver would have known, the damage pattern on vehicles, witness reports, and any statements made after the incident.
Why These Charges Matter Even Before Court Starts
The label “criminal traffic” affects more than the court date. It can impact your license, your insurance, your employment background checks, and the negotiation posture prosecutors take from the start. The earlier the facts and evidence are evaluated—reports, video, testing records, witness credibility, and legal procedure—the more options you typically have to fight for a reduction or dismissal.
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