What is “Conforming Reckless” Scottsdale, AZ?

by Aaron Black • October 19, 2017
Conforming reckless is a common term that is used for reckless driving in Scottsdale. Since alcohol is involved it is considered “Conforming” because the punishment somewhat conforms to that of a DUI. However, depending on the circumstances, a conforming reckless can carry fewer penalties and costs than a DUI/DWI.

Bargaining for conforming reckless depends on several factors of course each case is different. One factor is whether or not the Prosecution thinks that they have a provable case for a DUI which includes your chemical tests such as blood and breath results. If your blood test came back clearly showing a level of more than 10% over a .08 the probability of a plea deal for conforming reckless decreases. But, there may be other legal issues that can get you a reckless driving charge. The ability to plea bargain for conforming reckless also depends on the jurisdiction in which you were charged. You cannot negotiate a conforming reckless in the City of Phoenix.

Advantages of a Conforming Reckless plea versus a DUI

  • A conforming reckless plea could result in lower fines compared to a DUI conviction
  • Probation may be shorter for conforming reckless versus a DUI
  • Depending on the circumstances, the maximum jail time could be 120 days instead of 180
  • There would be no DUI on your record
  • You would not have to install the ignition interlock

Reckless (Conforming Reckless) Penalties

A conforming reckless drops the misdemeanor charge to a class 2 misdemeanor from a class 1 misdemeanor for DUI.

Class 1 misdemeanor - A class 1 misdemeanor is the most serious misdemeanor offense
  • Punishable by up to 6 months in jail
  • 3 years of probation (5 years maximum probation for DUI offenses)
  • $2,500 fine plus surcharges
Common Class 1 misdemeanor offenses
  • DUI
  • Driving on a suspended license
  • Assault
  • Disorderly conduct
  • Criminal damage
  • Shoplifting
  • Theft
Class 2 misdemeanor
  • Carries a maximum punishment of 4 months in jail
  • $750 fine plus surcharges
  • 2 years of probation
Common Class 2 misdemeanor offenses
  • Reckless driving
  • Assault
  • Criminal trespassing in the second degree
  • Criminal damage
If you have been charged with a DUI contact the Law Office of Aaron Black or call (480)729-1683 for a free consultation to see if your case might warrant a plea bargain for conforming reckless driving instead of a DUI.
 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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