Traffic Tickets Attorney in Flagstaff and Page, Arizona

If you've received a traffic ticket in Flagstaff or Page, Arizona, it's important that you know that even seemingly minor violations can have lasting consequences on your driving record, insurance rates, and personal freedom. 

At The 928 Law Firm, we provide representation for those facing traffic violations in Flagstaff and Page, Arizona, and the surrounding areas. 

Whether you’re dealing with a simple speeding ticket or more serious offenses such as DUI, reckless driving, or hit-and-run charges, our team at The 928 Law Firm is here to protect your rights and fight for the best possible outcome.

How Do Traffic Violations Work in Arizona?

In Arizona, traffic violations generally fall into two categories: civil violations and criminal violations. Civil violations are typically less severe and are often resolved through fines, while criminal violations can lead to more severe consequences such as jail time, criminal records, or loss of driving privileges.

Civil Violations

These include offenses such as speeding, failure to yield, and running a red light. In these cases, the person who receives the ticket doesn't face jail time. 

Instead, they're typically required to pay a fine and may accrue points on their driving record. For example, a speeding ticket is generally a civil violation unless the driver is speeding in excess of 20 miles per hour over the speed limit or driving under conditions that make it dangerous to others.

Criminal Violations

Certain traffic offenses, however, are treated as criminal violations, particularly when they involve a higher degree of negligence, reckless driving, or DUI (Driving Under the Influence) offenses. 

A criminal traffic violation in Arizona can carry serious consequences, including jail time, fines, and a criminal record. Some examples of criminal traffic violations in Arizona include:

• Driving under the influence (DUI): Arizona has strict DUI laws, including penalties for impaired driving (alcohol or drugs), driving under the influence of prescription drugs, and aggravated DUI offenses.

• Reckless driving: Reckless driving occurs when a person operates their vehicle with willful disregard for the safety of others.

• Hit-and-run: Leaving the scene of an accident, especially when injuries or damages are involved, is considered a criminal offense.

If you find yourself facing one of these traffic violations in Arizona, it's in your best interest to understand the ticket process.

Traffic Ticket Process in Arizona

Whether the offense is civil or criminal, the process typically includes the following stages:

1. Receiving the Ticket

The first step in the process is receiving a traffic ticket. This ticket may be issued by a police officer, or in some cases, through an automated system such as a red-light camera. 

The ticket will specify the nature of the violation, the date the offense occurred, and the amount of the fine. In some cases, the ticket will also provide the option to appear in court or contest the ticket through other means.

2. Paying the Fine or Contesting the Ticket

In many cases, individuals simply pay the fine indicated on the ticket, which resolves the matter. However, paying the fine is an admission of guilt, and it may result in points being added to the individual’s driving record. This could increase insurance rates and, in extreme cases, result in the suspension of the individual’s driver’s license.

If the individual decides to contest the ticket, they have the option to appear in court. In some cases, the individual can request a hearing or trial to challenge the violation. For more serious criminal offenses, such as DUI or reckless driving, contesting the ticket through a traffic tickets attorney in Flagstaff is often necessary.

3. Court Hearing or Trial

For civil violations, individuals who contest the ticket are typically scheduled for an administrative hearing. This hearing is often relatively informal and doesn't require a defense lawyer. However, for criminal violations, a formal trial may be held, and the defendant will have the right to legal representation.

4. Judgment and Penalties

If the defendant is found guilty, penalties can vary depending on the violation. Civil violations typically result in fines and points on the driving record. 

For criminal violations, the penalties may be more severe and can include jail time, community service, and probation. DUI convictions, for example, can lead to mandatory alcohol education programs, the suspension of a driver’s license, and a permanent criminal record.

Common Traffic Violations and Their Criminal Consequences

In Arizona, some traffic violations carry criminal consequences. Below are some of the most common violations that can lead to criminal charges:

Driving Under the Influence (DUI)

DUI offenses in Arizona are treated very seriously. Arizona has strict DUI laws, and penalties for DUI offenses are severe, particularly for repeat offenders. 

Arizona law defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or under the influence of drugs, including prescription medication. Penalties for DUI in Arizona include:

• Fines and court fees

• License suspension

• Mandatory DUI education programs

• Jail time for aggravated DUI

• Installation of an ignition interlock device

• Criminal record

Arizona law also includes more severe penalties for aggravated DUI, which can apply if:

• The driver has a BAC of 0.15% or more

• The driver is arrested for DUI with a suspended or revoked license

• The driver has previous DUI convictions

Reckless Driving

Reckless driving is another offense that carries criminal consequences in Arizona. Reckless driving is defined as operating a vehicle with a willful disregard for the safety of others. Unlike other traffic violations, reckless driving can result in criminal charges. Penalties for reckless driving may include:

• Fines

• Jail time

• Suspension of driver’s license

• Points on the driving record

Hit and Run

Arizona law mandates that a driver involved in an accident must stop and provide their information to the other parties involved. Leaving the scene of an accident without stopping can result in a hit-and-run charge, which is a criminal offense. 

If the accident results in injury or death, the penalties can be particularly severe and may include felony charges.

Driving Without a License or Insurance

Driving without a valid driver’s license or insurance can result in criminal charges in Arizona. If a person is found driving without a license, they may face misdemeanor charges, fines, and other penalties. 

If they're involved in an accident while driving without insurance, the penalties can be even more severe. Fortunately, when contesting a traffic ticket in Arizona, the accused may have several potential defense strategies.

Defense Strategies for Traffic Tickets in Arizona

Depending on the circumstances, a traffic tickets attorney in Flagstaff or Page may use one or more of the following defenses to reduce or eliminate charges:

1. Challenging the evidence: One of the most common defenses in traffic ticket cases is challenging the evidence presented by the prosecution. This may include questioning the accuracy of radar readings, breathalyzer tests, or eyewitness testimony. For example, a traffic tickets attorney in Flagstaff or Page may argue that the radar gun used to determine the speed was malfunctioning, or that the officer didn't have probable cause to stop the driver.

2. Invalid traffic stop: In criminal traffic cases, the legality of the traffic stop is often scrutinized. If the police officer didn't have a valid reason to stop the driver, the traffic ticket may be dismissed. For example, if the officer pulled over the driver without a reasonable suspicion of a traffic violation or without observing erratic driving behavior, the defense may argue that the stop was unlawful.

3. Mistaken identity: In some cases, the driver may argue that they weren't the person who committed the violation. This could be the case in a hit-and-run scenario or when a vehicle was misidentified. If the prosecution can't prove beyond a reasonable doubt that the driver was the individual who committed the offense, the charges may be dropped.

4. Lack of intent: In certain criminal traffic violations, such as reckless driving or hit-and-run, a traffic tickets attorney in Flagstaff may argue that there was no intent to cause harm. This can be particularly useful in cases involving accidents. If the defense can prove that the incident was purely accidental, it may reduce the severity of the charges or eliminate criminal liability.

5. DUI defenses: DUI cases are often complicated, and there are several possible defenses. Some common defenses in DUI cases include:

   • The defendant wasn't actually driving the vehicle

   • The breathalyzer or blood test was inaccurate

   • The officer didn't follow proper procedure during the arrest

   • The defendant's BAC was below the legal limit

6. Plea bargaining: In some cases, particularly for repeat offenders or those facing serious charges, a plea bargain may be an effective strategy. A plea bargain involves negotiating with the prosecution to reduce the charges or penalties in exchange for a guilty plea. For example, an individual charged with aggravated DUI may agree to a plea bargain that results in a reduced sentence or alternative penalties.

Defending against traffic tickets in Arizona requires an understanding of the law, the procedures involved, and the available defense strategies. A skilled traffic tickets attorney in Flagstaff or Page can help you work through the challenges of the legal system and seek a favorable outcome in your case.