What’s the Difference?
When you’re pulled over by law enforcement in Arizona, the specific traffic charge you receive can drastically affect your future. Two commonly misunderstood charges—reckless driving and negligent driving—can both impact your driver’s license, insurance premiums, and even your criminal record. But legally, they are not the same.
At Rideout Law Group, our experienced attorneys in Scottsdale, Phoenix, and Lake Havasu City help clients understand and fight back against these charges. Here’s what you need to know.
What Is Reckless Driving in Arizona? (ARS § 28-693)
Reckless driving is defined under Arizona Revised Statutes as operating a vehicle with a reckless disregard for the safety of persons or property. This is not just careless driving—it’s considered a criminal offense.
Common Examples of Reckless Driving:
- Speeding 25+ mph over the limit
- Aggressively weaving through traffic
- Street racing
- Running red lights or stop signs dangerously
- Tailgating at high speeds
- Fleeing from law enforcement
Penalties for Reckless Driving:
First Offense (Class 2 Misdemeanor):
- Up to 4 months in jail
- Up to $750 in fines (plus surcharges)
- Possible license suspension
- 8 license points
- Mandatory Traffic Survival School
Second Offense (within 24 months):
- Minimum 20 days in jail
- Increased fines and penalties
A reckless driving conviction remains on your criminal record and may severely affect employment, insurance, and driving privileges.
What Is Negligent Driving?
Arizona law doesn’t define “negligent driving” as a specific statute. Instead, these cases often fall under civil traffic violations such as:
- Driving too fast for conditions
- Unsafe lane changes
- Failure to control vehicle
- Inattentive driving
In some scenarios, criminal charges like endangerment (ARS § 13-1201) or criminal speeding (ARS § 28-701.02) may apply.
Negligent driving typically involves poor judgment or momentary lapses in attention—without the extreme recklessness required for a criminal reckless driving charge.
Key Differences Between Reckless and Negligent Driving
| Feature | Reckless Driving | Negligent Driving |
| Classification | Criminal (Class 2 misdemeanor) | Civil or low-level criminal |
| Mental State | Reckless disregard | Failure to use reasonable care |
| Court Appearance | Mandatory | Often ticket-based |
| Jail Time | Possible | Unlikely |
| License Points | 8 | 0–3 |
| Suspension Risk | Yes | Rare |
| Insurance Impact | High | Lower |
These differences can affect plea deals, insurance rates, and whether jail time is on the table.
Which Charge Is Worse?
Reckless driving is significantly more serious. It’s a criminal misdemeanor that carries potential jail time, a permanent record, and license suspension. It can also severely raise your insurance rates and complicate employment.
In contrast, negligent driving is usually handled through civil traffic citations, with lower fines and minimal long-term consequences.
Can Reckless Driving Charges Be Reduced?
Yes. At Rideout Law Group, we regularly negotiate reductions from reckless driving to non-criminal charges such as:
- Civil speeding
- Unsafe operation
- Failure to control vehicle
This can help you avoid jail time, reduce fines, and prevent a criminal record.
Why Was I Charged with Reckless Driving?
Officers may file reckless driving charges when they believe:
- You were driving at dangerously high speeds
- Your actions created an immediate risk to others
- A collision occurred due to aggressive driving
- Property or bystanders were endangered
However, these charges are often subjective and overcharged—and they can be challenged in court.
How Rideout Law Group Defends You
Whether your case is in Scottsdale City Court, Maricopa County Superior Court, or Lake Havasu Municipal Court, we conduct a comprehensive defense review, including:
- Body and dash cam footage
- Accuracy of speed readings
- Officer observations and reports
- Road and weather conditions
- Eyewitness statements
- Prior driving history
Our legal team includes former prosecutors and seasoned defense attorneys who know how to weaken overblown charges and seek the best outcome.
Charged With Reckless or Negligent Driving? We Can Help.
Facing criminal traffic charges in Arizona? Don’t go it alone.
Contact Rideout Law Group today for a free consultation and strategic legal defense:
📍 Scottsdale Office
11111 N Scottsdale Rd, Suite 225
Scottsdale, AZ 85254
📞 (480) 584-3328
📍 Lake Havasu City Office
2800 Sweetwater Ave, Suite A104
Lake Havasu City, AZ 86406
📞 (928) 854-8181
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.