09 Jun A Moving Violation Could Result in a Felony with This New Bill
When you learn how to drive, you are expected to learn the rules of the road. When these rules are broken—either on purpose or by accident—you could be ticketed or charged by law enforcement.
Arizona House Bill 2419 seeks to change the charges that apply to certain criminal moving violations. This quick guide will help answer some questions about what is changing.
Traffic Violations in Arizona
All traffic violations in Arizona are broken up into two general categories: parking violations and moving violations.
Parking violations occur only when your car is parked. For example, parking in a handicapped spot without proper identification is a parking violation. Moving violations happen when you are actively driving. Running a red light is a moving violation.
Moving Violations
Moving violations include both civil (non-criminal) and criminal violations. Failure to respond to a criminal traffic violation will result in a warrant being issued for your arrest.
Civil
- Leaving a vehicle running unoccupied
- Speeding (10 or fewer mph over the speed limit)
- Driving under the minimum speed
- Making an illegal turn
- Running a red or stop sign
- Driving without a seatbelt
- Falling asleep at the wheel
Criminal
- Excessive speeding (10 or more mph over the speed limit)
- Moving violations for those under 18
- Civil moving violations that result in injury or death
- Aggressive or reckless driving
- Hit and run accidents
- DUIs
- Street racing
What HB2419 Will Do
The new house bill changes the punishments for criminal moving violations. It is important to note that civil violations that result in injury or death can also be charged as criminal violations.
Essentially, HB2419 will make moving violations that result in an injury or death become felonies with minimum sentences. It also includes provisions that require attendance at an approved traffic school and possible driver’s license suspension.
This house bill does not override the provisions for driving under the influence. DUIs often have harsher punishments, including felony charges when injury or death occurs.
Proposed Penalties for Felony Traffic Violations Under HB2419
Class 5 Felony:
The moving violation results in the death of a pedestrian, motorcyclist or bicyclist.
- Minimum fine of $5,000
- 180 days of house arrest
- Suspension or restriction of driver’s license
- Attendance at traffic school
- Maximum of 8 years in prison
Class 6 Felony:
The moving violation results in the serious physical injury of a pedestrian, motorcyclist, or bicyclist.
- Minimum fine of $1,500
- 30 days of house arrest
- Attendance of traffic school
- Maximum of 6 years in prison
Best Criminal Defense Attorney in Arizona
This new bill makes fighting a moving violation more important than ever. Judges will take prior moving violations into account when choosing sentences for these new felony charges. If you’ve been charged with a traffic violation, you need a good lawyer at your side.
Fighting a criminal moving violation is often a complicated process, but an experienced lawyer can ensure the best possible outcome for your case. With over 25 years of experience in the Arizona courts, Todd Coolidge is the best choice for your defense. Contact us today for a consultation, and take a step in the right direction.
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