A criminal speeding charge in Gilbert, AZ is not just a traffic ticket. It is a criminal offense that can result in fines, license suspension, and even jail time. Many drivers are surprised to learn that speeding can rise to the level of a criminal charge under Arizona law.
Because of this, it is important to understand what you are facing before assuming you can simply pay a fine and move on. The consequences of a criminal conviction can follow you for years. Therefore, taking the charge seriously from the very beginning is critical.
If you or someone you know has been charged with criminal speeding in Gilbert or anywhere in the East Valley, this guide will help you understand the basics. Additionally, it will explain why working with an experienced criminal defense attorney can make a real difference in your case.
What Is Criminal Speeding in Arizona?
Arizona law distinguishes between civil traffic violations and criminal traffic violations. Most speeding tickets are civil matters. However, certain speeds trigger a criminal charge under Arizona Revised Statutes.
Specifically, criminal speeding occurs when a driver exceeds certain speed thresholds. For example, driving more than 35 mph over the posted speed limit is a criminal offense. Similarly, driving over 85 mph anywhere in the state can result in a criminal speeding charge.
In addition, speeding over 45 mph in a school zone is treated as a criminal matter. These are not minor infractions. As a result, they carry the potential for real criminal penalties.
Is Criminal Speeding a Misdemeanor?
Yes. In Arizona, criminal speeding is classified as a Class 3 misdemeanor. While that may sound minor, it is still a criminal conviction that goes on your record. Furthermore, it can affect your employment, professional licenses, and insurance rates.
A misdemeanor conviction is not automatically erased over time. Therefore, fighting the charge — rather than just paying it — is often the smarter long-term decision.
Potential Penalties for Criminal Speeding in Gilbert, AZ
Gilbert is located in Maricopa County, and criminal speeding cases there are handled in the Gilbert Municipal Court or the Maricopa County Justice Courts. The penalties for a Class 3 misdemeanor in Arizona can include:
- Up to 30 days in jail
- Fines and surcharges that can be substantial
- Probation
- Points added to your Arizona driving record
- Potential license suspension
Moreover, a conviction can impact your car insurance premiums significantly. Employers who require a clean driving record may also be affected by this type of charge. Because of this, the stakes are higher than many people initially realize.
How Points Affect Your License
Arizona uses a point system for driving violations. Criminal speeding typically adds eight points to your record. Meanwhile, accumulating too many points within a 12-month period can trigger a license suspension by the Arizona Motor Vehicle Division.
Additionally, if you hold a commercial driver’s license, the consequences can be even more serious. A criminal speeding conviction may affect your ability to work. Therefore, protecting your driving record is a strong reason to pursue a defense.
Common Defenses Against Criminal Speeding Charges
Facing a criminal speeding charge does not mean a conviction is certain. On the contrary, there are several legitimate defenses that an experienced attorney can explore on your behalf. Each case is different, so the right strategy depends on the specific facts involved.
Challenging the Speed Measurement
Law enforcement officers use radar, laser, and pacing methods to measure vehicle speed. However, these tools are not infallible. Radar guns require proper calibration and maintenance. If calibration records are incomplete or inaccurate, the speed reading may be challenged.
Similarly, human error can affect pacing estimates. Therefore, your attorney may request records related to the equipment used and how the officer was trained. This type of investigation can reveal weaknesses in the prosecution’s case.
Questioning the Stop Itself
Another important defense involves the legality of the traffic stop. An officer must have reasonable suspicion to pull you over. If the stop was not legally justified, any evidence gathered afterward may be suppressed.
For example, if the officer lacked a proper basis for the stop, your attorney may file a motion to suppress evidence. As a result, the case against you could be significantly weakened or dismissed entirely.
Necessity or Emergency Circumstances
In rare situations, a driver may have exceeded the speed limit due to a genuine emergency. For example, rushing a passenger to the hospital may support a necessity defense. However, this defense has a high bar and requires strong supporting evidence.
Furthermore, not every situation qualifies. Therefore, it is important to discuss the specific facts of your case with a licensed attorney before deciding on a strategy.
Why You Need a Criminal Defense Attorney in Gilbert
Many people try to handle a criminal speeding charge on their own. Unfortunately, this approach often leads to outcomes that could have been avoided. The court process involves procedural rules, deadlines, and legal standards that are not obvious to someone without legal training.
An experienced criminal defense attorney understands how to review the evidence, identify defenses, and negotiate with prosecutors. Additionally, attorneys who regularly appear in Gilbert Municipal Court understand the local procedures and how cases are typically handled in that jurisdiction.
Moreover, having professional legal representation sends a clear message that you are taking the charge seriously. This can positively influence how a prosecutor approaches your case.
Serving Gilbert and the Surrounding East Valley
Guardian Law Group represents clients across the Phoenix metro area, including Gilbert, Mesa, Chandler, and Tempe. We understand the East Valley courts and the local legal landscape. Therefore, we are well-positioned to help drivers in this region navigate criminal speeding charges effectively.
Whether your case is in Gilbert, Scottsdale, or Phoenix itself, our team provides the same level of focused, professional representation. We take the time to review your case carefully and explain your options clearly.
What to Do After a Criminal Speeding Charge
The steps you take right after a criminal speeding charge can affect the outcome of your case. First, do not ignore the charge or assume it will go away. Criminal charges require a response within specific deadlines.
Next, gather any information you have from the stop. This includes the citation itself, the officer’s name and badge number, and any details you remember about the circumstances. Then, contact a criminal defense attorney as soon as possible.
Additionally, avoid discussing the details of your case on social media or with people other than your attorney. Statements you make can sometimes be used against you. Because of this, it is best to limit what you share until you have legal counsel.
Do Not Just Pay the Fine
Paying a criminal speeding fine is treated as an admission of guilt. As a result, you will receive a criminal conviction on your record. This is different from a civil traffic ticket, where paying may simply close the matter.
Therefore, before making any payment or entering a plea, speak with an attorney. In some cases, there may be options to reduce the charge, negotiate a lesser offense, or pursue a dismissal. These options are worth exploring before making any decisions.
Frequently Asked Questions About Criminal Speeding in Arizona
Can a criminal speeding charge be expunged in Arizona?
Arizona does not have a traditional expungement process. However, Arizona law does allow for the “setting aside” of certain convictions under specific circumstances. This process does not erase the record, but it does indicate that the conviction has been set aside. Therefore, speaking with an attorney about your eligibility is worthwhile.
Will a criminal speeding conviction affect my job?
It can. Many employers conduct background checks that reveal criminal convictions. Additionally, jobs that require a commercial driver’s license or a clean driving record may be directly affected. Because of this, fighting the charge is often important for protecting your career.
What is the difference between criminal speeding and a regular speeding ticket?
A regular speeding ticket is a civil traffic violation. It typically results in a fine and points on your license, but it is not a criminal matter. On the other hand, criminal speeding is a misdemeanor offense that carries the potential for jail time, criminal fines, and a permanent record entry.
How long does a criminal speeding case take to resolve?
The timeline varies based on the court, the complexity of the case, and whether the matter goes to trial. Some cases resolve in a few months, while others take longer. Therefore, patience and consistent communication with your attorney are important throughout the process.
Do I have to appear in court for a criminal speeding charge?
In most cases, yes. Unlike a civil traffic ticket, a criminal charge typically requires a court appearance. Your attorney can advise you on what to expect and, in some situations, may be able to appear on your behalf for certain hearings. However, this depends on the specific court and the nature of the charge.
Contact Guardian Law Group for Criminal Speeding Defense
Facing a criminal speeding charge in Gilbert or anywhere in the Phoenix metro area is a serious matter. However, a charge is not a conviction. With the right legal representation, you may have more options than you think.
At Guardian Law Group, our criminal defense attorneys are committed to reviewing your case carefully, explaining your options clearly, and building the strongest defense possible. We serve clients in Gilbert, Mesa, Tempe, Chandler, Scottsdale, and throughout the Phoenix area.
Do not wait to get the help you need. Contact Guardian Law Group today to schedule a consultation and take the first step toward protecting your record and your future.