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Aggressive Driving Defense Attorney in Phoenix

If you have been charged with aggressive driving in Phoenix, Arizona, seeking expert legal counsel becomes crucial. The Benikov Law Firm is renowned for its experience in handling aggressive driving cases. Aligning with their experienced criminal defense attorney ensures strategic defense of one's rights, aiming for the most favorable outcomes in your case. Please contact us for a free consultation to learn your next best steps.

Criminal Defense & DUI Attorney In Phoenix

What is Considered Aggressive Driving in Arizona?

In Phoenix, Arizona, being charged with aggressive driving is not a mere traffic violation but a criminal offense with substantial consequences. Convictions can lead to potential jail time, significant fines, and a permanent mark on your record. The repercussions can impact day-to-day life, from facing the suspension of driving privileges to a dramatic increase in insurance premiums. Hiring an experienced criminal defense attorney can be an invaluable resource to help understand the full scope of Arizona's aggressive driving laws.

The Arizona Revised Statutes, specifically section A.R.S. §28-695, defines Arizona's "Aggressive Driving" parameters. For an individual to be legally charged with Aggressive Driving, the Prosecution must demonstrate several driving actions. First, the driver must have been speeding or engaging in criminal speeding. Secondly, they should have posed a direct threat or hazard to another person or vehicle.

Additionally, the accused must have committed at least two of the following traffic violations:

  • Disregarding a traffic control instrument, which can be actions like running a red light or neglecting to halt at a stop sign.
  • Overtaking and surpassing another vehicle from the right side by veering off the paved or main portion of the road.
  • Making lane changes in an unsafe manner.
  • Tailgating or following another vehicle too closely can endanger safety.
  • Not adhering to the right-of-way rules, thereby failing to allow another vehicle or pedestrian to proceed when they are entitled to.

Thus, to face Aggressive Driving charges in Arizona, one must not only be speeding but also exhibit behavior that poses an evident risk to others, combined with at least two listed traffic offenses.

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Mr. Benikov was very professional and extremely helpful. He made sure to walk me through the whole process and was always responsive whenever I had any questions. I recommend him to anyone with a legal issue.
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Arizona Aggressive Driving Penalties

Aggressive driving in Arizona isn't just a minor traffic violation; it's a class 1 misdemeanor. This means it's a criminal charge, which can result in a permanent mark on one's criminal record. Unlike standard traffic citations, which are often seen as infractions with associated fines, aggressive driving is dealt with in the criminal justice system. This record is accessible to employers, housing agencies, and others during background checks.

Here is a detailed breakdown of Arizona's aggressive driving penalties:

  • Potential Jail Time: Convicts can face up to 6 months in jail.

  • Probation: Probation periods can extend to as long as three years. The terms of probation may encompass regular check-ins, travel restrictions, and other court-mandated stipulations.

  • Fines: Fines can reach a steep $4,575, and that's before considering possible court fees and other related costs.

  • Driver's License Suspension: Those convicted could find their driving rights restricted or even completely revoked, which can significantly impact their daily lives and careers.

  • Driver License Points: Convicts receive 8 M.V.D. points on their license. Collecting points can lead to license suspension if the driver exceeds more than 13 points over a rolling 12-month period. Additionally, you may be required to attend traffic survival school and learn defense of driving techniques.

  • Insurance Repercussions: Such convictions paint drivers as high-risk in the eyes of insurance companies, potentially leading to a spike in premium rates. In extreme cases, or if there are other blemishes on one's driving record, insurance providers might choose to cancel the existing policy or deny coverage upon renewal.

Aggressive Driving Defense Strategies

When charged with aggressive driving, understanding the nuances of potential defenses can be the difference between conviction and acquittal. Let's explore these defenses in greater detail:

  1. Lack of Evidence: The Prosecution is responsible for demonstrating that the defendant's actions met the criteria for aggressive driving. This often hinges on the quality and clarity of evidence presented. An attorney might question the angle or quality of traffic camera footage. The reliability of eyewitness testimonies—were they in a position to accurately see the incident? Could their perception have been affected by factors like stress or weather conditions?

  1. Necessity: This defense acknowledges the aggressive action but asserts that it was unavoidable due to external factors. For instance, swerving across lanes might have been necessary to dodge debris or an animal. The attorney would need to provide evidence supporting this claim.

  1. Faulty Equipment: Claims based on technical readings can be disputed by demonstrating irregular maintenance or calibration of equipment like speed guns. Highlighting instances of similar equipment errors in other cases.

  1. Incorrect Interpretation of Law: This hinges on the attorney's deep understanding of traffic regulations. The defense would aim to demonstrate that the officer's interpretation doesn't align with the actual legal definitions or precedents.


DUI Charges
Reduced to Reckless Driving
Disorderly Conduct
Client was given diversion.
Threatening and Intimidating
All charges dismissed
Assault Charges
Charges Reduced
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Contact An Aggressive Driving Defense Attorney in Phoenix

The legal complexities can be daunting when facing aggressive driving criminal charges in Arizona. It's imperative to consult with an attorney experienced with the criminal justice system. At the Benikov Law Firm, we offer direct access to experienced criminal attorneys, ensuring personalized, expert advice tailored to your unique case. With a proven track record and an unwavering commitment to our clients, we aim to navigate you through this turbulent phase, championing your rights and ensuring the best possible outcome. Contact us today to schedule your free consultation and learn how we can protect your rights.

Our firm serves the areas of Phoenix, Mesa, Scottsdale, Glendale, Tempe, Chandler and other areas around Arizona. If you or a loved one have been charged with Criminal Speeding in Arizona, please contact us today to schedule your free consultation.

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Attorney Alexander Benikov


Mr. Benikov only practices in the areas of criminal defense and DUI defense. This means that all his knowledge is focused on one area of law. Hire an attorney that only practices the type of law that will help your case.


Mr. Benikov is known for his excellent reputation in the areas of criminal defense and DUI defense. A lawyer is only as good as his reputation. When you hire Mr. Benikov, he will put his reputation to work for you. No matter if Mr. Benikov is dealing with prosecutors, other attorneys, or Judges, they all know his word is his bond.

Knowledge of Current Law

Mr. Benikov is at the forefront of ever-changing laws and works closely with his clients. Every year there are significant changes to Arizona law and Mr. Benikov works hard to stay on top of all the changes. Mr. Benikov prides himself on attending the best seminars to give his clients the maximum advantage. Mr. Benikov is at the forefront of ever-changing laws and works closely with his clients. Every year there are significant changes to Arizona law and Mr. Benikov works hard to stay on top of all the changes. Mr. Benikov prides himself on attending the best seminars to give his clients the maximum advantage.

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Aggressive Driving

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Colin B.

A very intelligent and friendly, professional man to work with. He was hired in referral to me by a family member and all the great reviews are true! He worked hard for me on a case for a reasonable price and ended with the best possible outcome.

Thank you Alex
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Richard H.

He is a very confident and thorough lawyer and very helpful and knowledgeable, I would recommend him to anyone in need of legal advice and/or defense

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M V.

Outstanding character, exceptional legal knowledge of Arizona Law and a strong work ethic. Benikov Law will work tirelessly in their representation of their clients. I would never even consider another firm for any legal representation that I require.

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Ryan S.

Very knowledgeable, professional and trustworthy, I wouldn't hesitate to get Benikov on my side!

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Dustin F.

Mr. Benikov is highly professional and understanding of his client's needs. I will continue to use his law firm for all of my legal matters.

5 Stars

Daniel R.

Mr. Benikov has always been exceptional at making himself available to answer any questions I’ve ever had with legal issues and never turns me away with even the smallest matters and I respect his genuine care for his clients!

5 Stars

Patricia K.

Mr. Benikov is always professional and will take care of your matters in a professional manner and I would recommend him to anyone. 5 stars!

5 Stars

Michael G.

Mr. Benikov helped me with a very complicated and dangerous case involving my daughter.   He was able to get the case dismissed, for which I'm eternally grateful.

5 Stars

Jody S.

Alex Benikov and his law firm are definitely my first call. He’s knowledgeable, responsive and is a good lawyer to have in your corner

Criminal Defense Lawyer In Phoenix & Scottsdale

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Legal Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. Benikov Law Firm's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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