Reckless Driving

By: Vianey Hurtado
Criminal Defense Lawyer
Licensed in Arizona since: 2014

Reckless Driving Immigration Attorney In Phoenix, AZ

For immigrants in Phoenix, reckless driving charges come with added complexities. A crime like this can threaten your immigration status and derail your future in the United States. Arizona views reckless driving as a serious punishable offense. It can result in a Class 2 or a Class 1 Misdemeanor.

At Vianey K. Hurtado Law, we advocate for you through our real experiences. We provide our clients with a knowledgeable, compassionate legal team. They will create a thorough strategy to fight your case. Our team serves the areas of Phoenix and Yuma.

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What Is Reckless Driving & What Are The Penalties

Reckless driving involves operating a vehicle with reckless disregard for persons or property. (A.R.S 28-693)

Examples of reckless driving can include:

  • Driving at speeds excessively over the speed limit
  • Cutting off drivers
  • Swerving between lanes repeatedly
  • Running several stop lights or stop signs
  • Intimidating other cars by driving in close proximity
  • Not stopping for pedestrian walkways
  • Tailgating other cars
  • Driving in the wrong direction

Reckless driving has two possible categories. These are a Class 2 Misdemeanor and a Class 1 Misdemeanor. The court categorizes this charge with the following criteria:

Class 2 Misdemeanor (Least Severe) -

  • This is the person's first reckless driving offense
  • The person was driving recklessly with disregard for the safety of persons or property

A Class 2 Misdemeanor reckless driving charge can result in a harsh punishment. This includes up to 4 months in jail, up to $750 in fines, and the possibility of a court-ordered 90 day license suspension.

Class 1 Misdemeanor (Most Severe) -

  • The person has a prior reckless driving conviction (this may include a DUI)
  • The person was driving recklessly with disregard for the safety of persons or property

A Class 1 Misdemeanor reckless driving charge comes with more severe consequences. These include up to 6 months in jail, up to $2,500 in fines, and license suspension for 1 year.

The offender may also attend mandatory driving school before their license is reinstated.

With the right legal team, you can ask the court for permission to leave jail at certain times. This would be for work or school requirements. You would have to return to jail each day after the work or school obligations are complete.

How Does A Reckless Driving Charge Affect Immigration Status

Reckless driving charges can jeopardize your immigration status. While it isn't a felony offense, a crime of this nature can still cause issues–especially if you have other criminal convictions. 

For starters, if an undocumented immigrant receives a conviction, Immigration and Customs Enforcement (ICE) could be alerted. This poses risk for removal proceedings and the potential for deportation. A reckless driving conviction—especially if it's not the first criminal offense—can seriously jeopardize an immigration case, undermine eligibility for a discretionary grant of relief, or put a DACA holder at risk of losing their protected status.

Reckless driving that results in injury or property damage can affect green card and visa holders, as well. It can hinder status renewal or applying for naturalization.

The court also takes criminal history and the severity of the crime into account. Some contributing factors include:

  • If anyone was injured or killed
  • If the offender has other criminal charges on their record and what those charges are
  • If the reckless driving was a result of intoxication

Immigrants facing reckless driving charges in Arizona should hire an attorney right away. A legal professional can look at the entire case and all circumstances included. Then, they can form a strong defense.

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Contact A Knowledgeable Reckless Driving Immigration Attorney In Arizona

At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide an experienced legal team and serve members of the Phoenix and Yuma communities. We will create a relevant strategy to achieve the best outcome for your case.

If you need a reckless driving immigration attorney in Arizona, contact us today. We will provide you with a thorough case evaluation.

Schedule a detailed Case Evaluation
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Vianey K. Hurtado Law’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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