Urs v. Maricopa County Attorney's Office
In Urs v. Maricopa County Attorney's Office 201 Ariz. 71, 72, P 2, 31 P.3d 845, 846 (App. 2001) reckless driving was deemed to be a jury eligible offense because the court concluded that it was a jury eligible offense at common law, noting that "a charged offense does not have to be identical to common-law crimes that were jury eligible in order to be linked to such crimes." 201 Ariz. at 73-74, P 9-10, 31 P.3d at 847-48.
Accordingly, the Court held that "driving a vehicle 'in reckless disregard for the safety of persons or property,' in violation of A.R.S. 28-693(A), is in the character of operating a motor vehicle so 'as to endanger any property or individual' a jury-eligible offense at common law." Id. at 74, P 10, 31 P.3d at 848.
In Urs, the Court concluded that reckless driving was a jury eligible offense in the common law only because the element of reckless disregard is much like the common law offense of operating a vehicle in a manner that endangers individuals or property.
The statutory prohibition against drag racing, however, does not include the element of driving a vehicle in reckless disregard for the safety of persons or property.