A. A person commits aggressive driving if both of the following occur:
1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:
(a) Failure to obey traffic control devices as provided in section 28-644.
(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.
(c) Unsafe lane change as provided in section 28-729.
(d) Following a vehicle too closely as provided in section 28-730.
(e) Failure to yield the right-of-way as provided in article 9 of this chapter.
2. The person's driving is an immediate hazard to another person or vehicle.
Aggressive Driving is a criminal traffic charge. As you can see from the description, the State has to prove quite a bit to obtain a conviction, so a bench trial is usually a serious consideration.
If the facts in your case are quite bad for the defense, a typical negotiation is to try to dismiss the criminal charge and plead responsible to one or two civil violations and keep your criminal record clean. There are a variety of ways to accomplish this reduction.
I have lectured to attorneys on how to litigate these types of cases. I am very confident that I could assist anyone with this charge.
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