Speak Up! - View Question #61

« LawForKids.org home page | « Go back to speak up question #61

Question: How much over the legal speed limit is considered Reckless Driving?

Answer:

In Arizona, when a person drives a vehicle in reckless disregard for the safety of persons or property, the driver may be guilty of reckless driving. (A.R.S. § 28-693) Arizona law does not require that the vehicle be driven at a speed over the speed limit at all. A person driving a car below the legal speed limit, or in a parking lot where no speed limit is posted, can still be guilty of reckless driving if the driver endangers people or property.

Reckless Driving can also depend on the circumstances such as weather and traffic conditions. A person driving at a posted speed limit in an area congested with pedestrians or other vehicles, for example as a crowd is leaving a football game, can be considered driving recklessly.

Weather conditions can make a difference, as well. Even driving below the speed limit on a particularly icy or wet roadway might be considered Reckless Driving.

Although there is no such requirement contained in the statute, the "rule of thumb" that often seems to be applied by both police, prosecutors, and courts, is that Reckless Driving occurs when a person strings at least three minor moving violations together. An example might be a person driving down a busy street who is cutting in and out of traffic without signaling while tailgating might quickly amass three violations in a short period of time which could lead to a Reckless Driving citation.

Occasionally you will see an officer cite someone for Reckless Driving solely because they drove at a high rate of speed, well above the posted limit. However, Arizona already has a two level speeding statute which makes it a civil violation to be driving at a speed up to nineteen miles-an-hour over the speed limit and a criminal speeding statute which covers people driving at twenty miles-an-hour or more over the posted speed limit. Were an officer to issue a citation for Reckless Driving based solely on speed, it would usually be for a speed from thirty to forty miles per hour over the speed limit. This would usually occur if there is other traffic that might be in danger, or if the driver has passengers who would be put in danger should the driver lose control of the vehicle.

The most direct answer to this question is that the Reckless Driving statute does not require that a person drive above the speed limit at all, much less at any specified number of miles per hour over a posted speed limit. See A.R.S. § 28-693 for more information and the full text of the law.


Comments
26 thru 30 of 55 comments
On 12/19/05
Andrew Olson from AZ said:
I was pulled over for going 19 miles over the speed limit in a 50mph zone. Can I expect my liscence to be revoked?
On 09/28/05
sree from NJ said:
How many points/fine will I get, when I was driving at a 40mph speed in a 25mph speed limit area? At that time, my daughter was crying. so, the cop asked me to go home and she would send the summons to home.
On 09/21/05
Bob from VA said:
I got a ticket for 93 in a 65 after curfew... been researching and i think i have to goto driving school, but does anyone know what the fine will be or susension???
On 09/09/05
Mustapha from IA said:
I was pulled over by a Davenport police. When approached my vehicle, he said to me that I was going 41 miles in a 35mph zone and this happened according to him 5 miles after the speed zone he was talking about. I have passed 4 trafic lights, at which I stopped at the light before pulling me over. Where does a police pull over a speeding driver?
On 08/10/05
robert from CA said:
It is actually diffucult to break more than three rules at the same time showing that a person is "reckless" as a strong argument. I almost got a DUI but plea bargained for a reckless driving conviction which is 2 points, not a "wet reckless". I signalled each lane change over a few hundred feet which means I did pause for each lane change and I did make plenty of room for the person I got in front of. I sped 85mph in a 65 mph freeway. You can still obey all the other rules while speeding on the freeway, but it's reckless otherwise. 5 seconds per lane change before you even start on highways.
26 thru 30 of 55 comments



Read more about the law and Driving
Related Stories
Related Laws
« LawForKids.org home page | « Go back to speak up question #61