Arizona’s Road Rage Laws: When Does Aggressive Driving Become Illegal?

Arizona's Road Rage Laws When Does Aggressive Driving Become Illegal

Arizona does not have a specific “road rage” law, but aggressive driving is illegal and can lead to severe penalties depending on the circumstances. Here’s how Arizona law defines and penalizes aggressive driving:

What Is Aggressive Driving Under Arizona Law?

Arizona Revised Statutes § 28-695 defines aggressive driving as a combination of specific traffic violations that create an immediate hazard to others. To be convicted of aggressive driving, all of the following must occur during a single, continuous period of driving:

Speeding: The driver must be speeding (violating either ARS 28-701 or ARS 28-701.02).

At Least Two Additional Moving Violations: The driver must commit at least two of the following:

Failure to obey traffic control devices

Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway

Unsafe lane change

Following another vehicle too closely (tailgating)

Failure to yield the right of way

Immediate Hazard: The driver’s actions must pose an immediate hazard to another person or vehicle.

How Does This Relate to Road Rage?

No Specific Road Rage Law: Arizona does not have a law specifically called “road rage.” However, behaviors commonly associated with road rage—such as threatening gestures, verbal abuse, or physical altercations—can be charged under other statutes, such as assault or disorderly conduct.

Aggressive Driving vs. Reckless Driving: Aggressive driving is a class 1 misdemeanor, which is more serious than reckless driving (a class 2 misdemeanor), though reckless driving may be considered more dangerous in some cases.

Penalties: Conviction for aggressive driving can result in up to six months in jail, a fine of up to $2,500, mandatory traffic survival school, and a possible 30-day suspension of your driver’s license. For a second offense within 24 months, the suspension increases to one year.

When Does Aggressive Driving Become Illegal?

Aggressive driving is illegal in Arizona when a driver is speeding and commits at least two other specified moving violations in a way that poses an immediate hazard to others. Road rage incidents may involve additional criminal charges if the behavior escalates beyond aggressive driving, such as assault or threatening with a weapon.

Summary Table

Behavior/Requirement Details
Speeding Required
Additional Moving Violations At least two from a specified list
Immediate Hazard Must pose an immediate hazard to another person or vehicle
Legal Consequences Class 1 misdemeanor: up to 6 months jail, $2,500 fine, traffic school, license suspension
Road Rage Behaviors May be charged as assault, disorderly conduct, or other criminal offenses

Aggressive driving becomes illegal in Arizona when a driver speeds and commits at least two other specified violations in a way that endangers others. Road rage behaviors may result in additional criminal charges beyond aggressive driving.

Sources:

  1. https://www.azleg.gov/ars/28/00695.htm
  2. https://trafficlawguys.com/criminal-traffic-violations/aggressive-driving/
  3. https://zaneslaw.com/faq/what-is-considered-aggressive-driving/
  4. https://coolidgelawfirmaz.com/arizona-road-rage-incidents/