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What are the laws regarding Distracted Driving in Arizona?

Distracted driving is attributed to approximately 11% of automobile accidents that take place in Arizona. When we talk about distracted driving, we usually think of someone using a cell phone while driving. However, in a surprising number of cases, there are outside distractions involved that cause more vehicular accidents. Although many states strictly ban the use of cell phones while driving, the state of Arizona has not cracked on it yet. Only school bus drivers are prohibited from using a cell phone while driving, but there is no ban in place for automobile drivers.

Some of the most common “outside distractions” that cause accidents include billboards and construction sites. These result in the driver being inattentive, ultimately leading to an accident. There are numerous construction sites in cities, and it is important to keep your attention on the road and on the surroundings when passing through a construction zone. Accidents commonly occur when vehicles speed or merge into other lanes near construction sites. However, if they paid attention to the sign boards around informing them about a construction site ahead, or about lanes merging, those accidents can easily be avoided. At construction sites, people can easily avoid accidents if they do not allow themselves get distracted by the work that is being done there.

Other common driving distractions for drivers are activities that happen inside the car. For example, the driver could be searching something or reaching for something inside the car. They could be eating or drinking and just for a second if they take their eyes off the road, it could be fatal. Even changing the volume of the radio, adjusting the air conditioning, changing a CD, or applying make-up while driving are also common distractions. They all can contribute to an accident or collision, as much as their cell phones. A lot of people think they can multitask while driving, but that is a huge risk they are taking because multitasking while driving decreases the reaction time of the driver significantly.

A.R.S. 28-701 of the Arizona Revised Statutes addresses the issue of over-speeding as “Reasonable and prudent speed; prima facie evidence; exceptions.”

The law states that a person shall not drive a vehicle on a highway at a speed greater than the speed that is reasonable and prudent under the circumstances.

Apart from the over speeding statute, there is no statute in place that targets the use of cell phone specifically while driving in Arizona. However, the Arizona Department of Public Safety has been recommending the use of an existing law to deter people from using cell phones while driving. Ideally, the recommended speed for texting while driving should be zero miles per hours. Therefore, if a police officer sees someone texting while driving on the highway, they can pull the driver over.

If you have been charged with distracted driving in the state of Arizona, you can get help from an attorney to help reduce the charge. Call Attorney Brian Sloan at the Law Offices of Brian D. Sloan for a Free Initial Consultation at 480-900-0384 or 602-900-0384.

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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