The class 1 misdemeanor of aggressive driving occurs when a driver speeds, commits at least two civil traffic violations, and is an immediate hazard to another person or vehicle according to A.R.S. §28-695. The speeding can be either a civil traffic offense (A.R.S. § 28-701(A)) or a class three misdemeanor of excessive speed (A.R.S. §701.02). A police officer has prima facie evidence of a civil traffic ticket in the absence of posted speed limits when a driver’s speed exceeds 15 mph approaching a school crossing, 25 mph in a business or residential district, or 65 mph in other locations according to A.R.S. § 28-701(B) and (C). “Excessive speeding” is defined as exceeding 35 mph approaching a school crossing, exceeding the posted speed limit in a business or residential district by more than 20 mph or exceeding 45 mph if no speed limit is posted, or exceeding 85 mph in other locations according to A.R.S. § 28-701.02(A). Besides speeding, a person must commit at least two of the following civil traffic violations in order to be charged with aggressive driving:
- 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 a vehicle too closely; or
- Failure to yield the right-of-way.