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Posted on June 26, 2025 in Criminal Defense
Avoiding or evading the police in Arizona is a decision that can lead to far more trouble than many people realize. While some might try to avoid law enforcement during a traffic stop, questioning, or after an incident, these actions are taken seriously under Arizona law.
Understanding the risks and the potential long-term ramifications is important for potential defendants who find themselves in an encounter with law enforcement in Arizona.
Avoiding or escaping from law enforcement in Arizona is not just a risky decision—it is a serious criminal offense. In certain circumstances, you could potentially face a couple of charges.
Under Arizona Revised Statutes § 28-622.01, it is illegal for a driver to intentionally flee from a pursuing law enforcement vehicle.
For the law to apply, the vehicle typically must be clearly identifiable as a police car with working lights and a siren activated. If the vehicle was unmarked, the law only applies if there is evidence that the defendant knew the vehicle was law enforcement or if they admit to knowing this fact.
If you actively try to avoid a traffic stop or try to escape after police attempt to pull you over, you may be charged with unlawful flight.
Unlawful flight from law enforcement is considered a Class 5 felony in Arizona. For first-time offenders, sentences can include 6 months in jail all the way up to 2 years.
Fleeing often leads to related charges, such as reckless driving. Reckless driving means operating your car in a manner that puts others’ safety or property at risk.
To be found guilty of reckless driving in Arizona, two things must be proven:
This crime is somewhat subjective—a police officer or witness must be able to explain how the driving behavior was dangerous.
A first conviction for reckless driving is a class 2 misdemeanor, carrying up to 4 months in jail, a fine of up to $750, up to 2 years of probation, 8 points on your driving record, and a possible requirement to attend Traffic Survival School (TSS). The judge may also order a 90-day license suspension.
If it’s a second conviction within 2 years, the charge increases to a class 1 misdemeanor with a mandatory minimum of 20 days in a jail and a maximum of 6 months, fines up to $2,500, 8 points on your driving record, completion of Traffic Survival School (TSS), and possible license revocation.
Anyone accused of fleeing police or reckless driving should seek legal advice immediately.
Facing charges for fleeing or evading the police in Arizona is serious, but there are defenses an experienced attorney can raise to challenge these allegations. Here are some of the most common ones used in these types of cases:
One of the main elements prosecutors must prove is that you intentionally tried to evade or avoid law enforcement. If you were unaware that police were attempting to pull you over or you misunderstood their signals, you may have a valid defense.
Under Arizona law, the fleeing-from-police statute applies only when the vehicle chasing you is clearly marked and has its lights and siren activated (or by proving that you knew the vehicle was law enforcement). If the pursuing vehicle did not have identifiable police markings or working emergency lights, this could be a strong defense.
If you can show that you fled the scene due to an emergency, like needing urgent medical care for yourself or someone else, this may excuse your actions. Similarly, you might have a legal justification if you believe you were in immediate danger and can support that belief with evidence.
For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
