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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Reckless Driving Charge, What To Do?

    My question involves a reckless driving ticket from the State of: Arizona.
    I was pulled over for reckless driving and I need a recommendation for my situation. What is the minimum and maximum penalty? Should I get a lawyer? How should i fight it?

    I was driving a bunch of drunk friends home from a party so they would not drive their cars, and i got a reckless driving ticket for having too many people in my truck. I was not speeding, and i blew 000 on the breathalyzer. I have never been pulled over, a spotless record, and I am a US Marine. Is this a circumstance where my charge was too harsh?

    Any response would be greatly appreciated

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Reckless Driving Charge, What To Do?

    Quote Quoting Arizona Revised Statutes, Sec. 28-693. Reckless driving; classification; license; surrender
    A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

    B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

    C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.

    D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13-1102 or section 13-1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382 or 28-1383 within a period of twenty-four months:
    1. The person is guilty of a class 1 misdemeanor.

    2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.

    3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.

    4. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.
    E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

    F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling.
    A class 2 misdemeanor is punishable by up to 4 months in jail and/or a fine of up to $750, plus surcharges. I don't think jail time is likely, but it's still a misdemeanor offense. I would suggest getting help from a lawyer.

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