Vehicular Crimes

Arizona Vehicular Crimes

Vehicular crimes or criminal traffic offenses as a category of crimes refers to those involving the use of a vehicle. There are several different types of vehicular crimes ranging from misdemeanor to felony and the penalties vary widely. 

Driving can be a dangerous activity capable of causing serious physical injury or death, considering the weight of a vehicle and the rate of speed of travel. With over 4.9 million people in metro Phoenix as of 2022, the area has congested, busy roads. So, it is not a surprise that the state of Arizona has strict vehicular laws in place in an effort to deter drivers from putting others at risk. 

If you or a loved one has been charged with a criminal traffic violation in Maricopa County, Arizona, Sheena Lemmons, Phoenix Criminal Defense Attorney wants to help you. We will work hard with you to build your strongest defense and try for dismissal or a more favorable outcome such as reduced charges.

Some of the Most Common Vehicular Crimes in Arizona

• Reckless Driving A.R.S. 28-693 (2022)
  • A person who drives a vehicle in reckless disregard for the safety of persons or property.
  • Class 2 misdemeanor.
• Endangerment A.R.S. 13-1201 (2022)
  • A person who recklessly endangers another person with a substantial risk of imminent death or physical injury.
  • Class 6 felony if it involves a risk of death.
  • Class 1 misdemeanor otherwise.
• Criminal Speed / Excessive Speed A.R.S. 28-701.02 (2022)
  • When a person exceeds the speed limit by twenty (20) miles per hour.
  • When a person exceeds thirty-five miles per hour approaching a school crossing.
  • If no speed is posted, when a person exceeds forty-five miles per hour.
  • Class 3 misdemeanor.
• Hit and Run Accidents/Leaving the Scene of an Accident
  • Involving Death or Physical Injury A.R.S. 28-661 (2022)
    • When a driver involved in an accident resulting in injury or death does not stop at the scene of the accident and provide their information and reasonable assistance to the injured.
    • Class 2 felony if the driver leaves the scene and caused the accident.
    • Class 3 felony if a driver leaves the scene involving serious physical injury or death.
    • Class 5 felony if a driver leaves the scene and the injury was not serious or result in death.
  • Damage to Property Only A.R.S. 28-662 (2022)
    • When a driver involved in an accident resulting only in damage to a vehicle does not stop at the scene of the accident and provide information and assistance.
    • Class 1 misdemeanor.
• Felony Flight / Unlawful Flight from Police A.R.S. 28-622.01 (2022)
  • A driver who willfully flees or attempts to elude a pursuing official law enforcement vehicle.
  • Class 5 felony.
• Driving on a Suspended or Revoked License A.R.S. 28-3473 (2022)
  • When a person operates a vehicle on a public highway if their driver’s license is suspended, revoked, or canceled.
  • Class 1 misdemeanor.
• Aggravated Assault Involving a Vehicle A.R.S. 13-1204 (2022)
  • Also known as vehicular aggravated assault.
  • When a person intentionally or recklessly causes physical injury to another person while using a motor vehicle.
  • Class 3 felony
  • Class 2 felony if the victim is under 15 years old.
  • Class 2 felony if the victim is a peace officer.
  • The State may charge this type of crime as a “dangerous offense” and argue the vehicle is a “deadly weapon.” This carries serious consequences on conviction such as harsh, lengthy mandatory prison terms without the eligibility of probation.
• Driving Under the Influence of Alcohol or Drugs (DUI)
  • Misdemeanor DUI A.R.S. 28-1381, 1382 (2022)
    • When a person drives or is in control of a motor vehicle while impaired to the slightest degree, while their blood alcohol concentration is above a .08 within two hours of driving, or while certain drugs are in their body.
    • Types of Misdemeanor DUI:
      • DUI Impaired to the Slightest Degree A.R.S. 28-1381(A)(1)
      • DUI with BAC .08 – .149 A.R.S. 28-1381(A)(2)
      • DUI Metabolite / DUI Drugs A.R.S. 28-1381(A)(3)
      • Extreme DUI with BAC .150 – .199 A.R.S. 28-1382(A)(1)
      • Super Extreme DUI BAC .20+ A.R.S. 28-1382(A)(2)
      • Second DUI in 84-months A.R.S. 28-1381(K)
    • Class 1 misdemeanor
  • Felony DUI / Aggravated DUI A.R.S. 28-1383 (2022)
    • Types of Felony DUI:
      • DUI while driving on a suspended or revoked license A.R.S. 28-1383(A)(1)
      • Third DUI within 84-months A.R.S. 28-1383(A)(2)
      • DUI with a minor under 15-years old in the vehicle A.R.S. 28-1383(A)(3)
      • DUI while ordered to have a certified ignition interlock device installed in the vehicle A.R.S. 28-1383(A)(4)
      • DUI while driving the wrong way on the highway A.R.S. 28-1383(A)(5)
    • Class 4 felony, except child in the vehicle is a class 6 felony
• Negligent Homicide / Vehicular Homicide A.R.S. 13-1102 (2022)
  • When a person negligently causes the death of another person, or an unborn child, while using a motor vehicle.
  • Criminal negligence means when a person fails to perceive a substantial and unjustifiable risk. The failure to perceive the risk must be unreasonable under the circumstances.
  • Class 4 felony.

Penalties for Arizona Vehicular Offenses

Criminal traffic violations in Maricopa County carry harsh consequences including hefty fines, jail or prison time, suspension of driving privileges, and the loss of your civil rights for felony convictions. A skilled Scottsdale traffic defense attorney may help you achieve favorable results in your case such as dismissed or reduced charges.

The penalties for a conviction for a criminal traffic offense in Arizona vary widely depending on the offense and the circumstances.

Below are the misdemeanor and felony sentencing guidelines from the State of Arizona Supreme Court for informational purposes.

Misdemeanor Sentencing 2021-2022 Arizona Criminal Code

• Class 1
  • 6 months jail max
  • $2,500 max fine
  • 3 years probation max
• Class 2
  • 4 months jail max
  • $750 max fine
  • 2 years probation max
• Class 3
  • 30 days jail max
  • $500 max fine
  • 1 year probation max

Felony Sentencing for a Non-Dangerous First Offense 2021-2022 Arizona Criminal Code

• Class 2
  • 5 years prison presumptive term
  • 7 years probation max
• Class 3
  • 3.5 years prison presumptive term
  • 5 years probation max
• Class 4
  • 2.5 years prison presumptive term
  • 4 yeas probation max
• Class 5
  • 1.5 years prison presumptive term
  • 3 years probation max
• Class 6
  • 1 year incarceration presumptive term
  • 3 years probation max

Dangerous Offense Sentencing 2021-2022 Arizona Criminal Code

A conviction for a dangerous offense under A.R.S. 13-704 (2022) is very serious and carries mandatory prison time and is not probation eligible. It is very important that if you or a loved one are facing these serious charges that you enlist the help of a skilled Maricopa County vehicular offense attorney to defend these charges.

Felony convictions also carry with them the loss of a person’s civil rights. That is the right to vote, hold public office, sit on a jury, and the right to possess a firearm and ammunition. If convicted of a “dangerous offense,” the person loses their right to possess a firearm forever. A.R.S. 13-910 (2022).

The presumptive term of incarceration for a first-time dangerous offense of a class 2 – 6 felony ranges from 10.5 – 2.25 years in prison.

Sheena Lemmons, Phoenix criminal traffic lawyer, fiercely fights the State’s allegation of “dangerousness” and will aggressively defend your case to mitigate the damage.

Ready to Build Your Defense?

If you are ready to take care of this and start building your defense, contact Sheena Lemmons at Civil Rights Restored for a free consultation. It is a mistake to assume that these charges cannot be challenged, there is too much at stake.

Sheena Lemmons is dedicated to keeping up with modern and aggressive criminal defense strategies and there are many potential defenses to traffic crimes.

Every case is different and time is of the essence in a criminal matter, so reach out to us at (480) 759-7479 or use the message form to send an email and request a free consultation for your case.

We will fight for you!