A speeding ticket might seem minor. However, criminal speeding in Arizona is a completely different matter. It is a criminal charge — not just a traffic infraction — and it can carry serious legal consequences.
Many drivers in Phoenix are caught off guard when a traffic stop turns into a criminal matter. Because of this, it is important to understand what criminal speeding means under Arizona law and how a defense attorney can help.
This post provides general educational information about criminal speeding charges in Arizona. It is not legal advice. If you are facing charges, speaking with a licensed criminal defense attorney about your specific situation is strongly recommended.
What Is Criminal Speeding in Arizona?
In Arizona, criminal speeding is defined under ARS 28-701.02. It is a Class 3 misdemeanor. Therefore, it appears on your criminal record — not just your driving record.
This is one of the most misunderstood traffic-related offenses in the state. Many people assume it is just a ticket. In reality, it is a criminal charge that goes through the criminal court system.
When Does Speeding Become a Criminal Offense?
Arizona law identifies several situations where speeding becomes a criminal matter. First, driving 35 mph or more over the posted speed limit triggers a criminal charge. Next, driving over 85 mph anywhere in the state can also qualify. Additionally, driving over 45 mph in a school zone may rise to the level of criminal speeding.
These thresholds are important. For example, a driver going 56 mph in a 20 mph school zone could face criminal charges. Similarly, highway driving above 85 mph is treated seriously under Arizona law.
How Is It Different from a Civil Traffic Violation?
A standard speeding ticket is a civil traffic violation. It results in fines and points on your license. However, criminal speeding goes further. It can result in jail time, fines, probation, and a permanent criminal record.
Because of this distinction, treating a criminal speeding charge as just a traffic ticket is a significant mistake. These cases require careful attention and, in many situations, legal representation.
Potential Consequences of a Criminal Speeding Conviction
A Class 3 misdemeanor conviction in Arizona can carry real penalties. Moreover, those penalties can affect more than just your driving privileges.
Criminal Penalties
Under Arizona law, a Class 3 misdemeanor can result in up to 30 days in jail. It can also include fines, surcharges, and probation. In addition, the conviction stays on your criminal record permanently unless addressed through other legal processes.
These outcomes can feel overwhelming. However, an experienced defense attorney may be able to help reduce or challenge the charges depending on the facts of your case.
Impact on Your Driving Record and Insurance
A criminal speeding conviction adds points to your Arizona driving record. As a result, your auto insurance premiums may increase significantly. Furthermore, too many points within a certain period can lead to license suspension.
Drivers in Phoenix, Scottsdale, Mesa, and Tempe who rely on their vehicles for work or family obligations feel this impact deeply. Losing your license or facing higher insurance costs can disrupt your daily life.
Long-Term Consequences Beyond the Courtroom
A criminal record — even for a misdemeanor — can create challenges in other areas of life. For example, background checks for employment, housing, or professional licenses may surface a criminal speeding conviction. Therefore, many people choose to fight these charges rather than simply pay a fine.
Common Defenses Against Criminal Speeding Charges
Facing a criminal speeding charge does not automatically mean a conviction. On the other hand, simply ignoring the charge or paying it off without understanding the consequences can be a serious mistake. A skilled defense attorney will review the facts and explore every available option.
Challenging the Speed Measurement
Law enforcement uses several tools to measure speed, including radar and LIDAR devices. However, these instruments must be properly calibrated and maintained. If the equipment was not functioning correctly or was used improperly, the speed reading may be challenged.
Additionally, the officer’s training and certification to use the device can be a factor. Therefore, reviewing all of this information is an important early step in building a defense.
Questioning the Stop Itself
A lawful traffic stop requires reasonable suspicion. If the officer lacked a valid basis to pull you over, evidence gathered during that stop may be challenged. As a result, this can significantly affect the outcome of the case.
This type of defense requires careful review of the police report, dashcam footage, and other evidence. Furthermore, procedural errors by law enforcement can sometimes work in a defendant’s favor.
Negotiating for a Reduced Charge
In some cases, an attorney may be able to negotiate with the prosecutor to reduce a criminal speeding charge to a civil traffic violation. This outcome depends on the specific circumstances, the evidence, and the prosecutor’s position. However, having an experienced attorney advocate on your behalf improves your ability to explore this option.
Presenting Mitigating Circumstances
Sometimes there are circumstances that provide important context. For example, a driver may have been speeding due to a genuine emergency. While this does not guarantee any particular outcome, presenting mitigating facts can be a relevant part of the defense strategy.
Navigating the Arizona Criminal Court Process
Criminal speeding cases in Phoenix go through the criminal court system, not the civil traffic court. This distinction matters. Therefore, understanding what to expect can help reduce anxiety and prepare you for what lies ahead.
What Happens After a Criminal Speeding Citation
After receiving a criminal speeding citation, you will typically be required to appear in court. This is not like a standard traffic ticket where you can simply pay a fine online. Instead, you must respond to a criminal charge in front of a judge.
Failing to appear can result in additional charges and a warrant for your arrest. Because of this, taking prompt action after receiving the citation is essential.
The Arraignment and Plea Process
At the arraignment, you will enter a plea. You may plead guilty, not guilty, or no contest. Additionally, this is often where the court sets conditions for your release and schedules future hearings.
Entering a guilty plea without understanding all the consequences can be harmful. Moreover, it eliminates your ability to challenge the charge later. Consulting with a defense attorney before your arraignment is strongly advised.
Pre-Trial Negotiations and Trial
Many criminal speeding cases are resolved before trial through plea negotiations. However, if no agreement is reached, the case proceeds to trial. At trial, the prosecution must prove the charge beyond a reasonable doubt. Therefore, a strong defense can make a meaningful difference in how the case is resolved.
Why Hiring a Defense Attorney Matters
Some people try to handle criminal speeding charges on their own. However, doing so without fully understanding Arizona criminal law can lead to avoidable mistakes. An experienced criminal defense attorney understands the local court system, the prosecutors, and the legal strategies that may apply to your case.
Drivers across the Phoenix metro area — including those in Glendale, Scottsdale, Tempe, and Mesa — benefit from working with attorneys who are familiar with local courts and procedures. Furthermore, having a professional advocate in your corner can reduce stress and improve your ability to make informed decisions throughout the process.
At Guardian Law Group, our attorneys take the time to review the evidence, explain your options, and pursue the strongest possible defense strategy on your behalf. Contact Guardian Law Group to request a consultation and discuss your case with an experienced Phoenix criminal defense attorney.
Frequently Asked Questions About Criminal Speeding in Arizona
Is criminal speeding a felony in Arizona?
No. Criminal speeding under ARS 28-701.02 is typically charged as a Class 3 misdemeanor. However, it is still a criminal charge with serious consequences, including potential jail time and a permanent criminal record.
Will criminal speeding show up on a background check?
Yes. Because it is a criminal charge — not just a traffic infraction — a conviction can appear on criminal background checks. This can affect employment, housing, and professional licensing applications.
Can I just pay the fine and avoid court?
No. Unlike a standard speeding ticket, criminal speeding requires a court appearance. Ignoring the citation or failing to appear can lead to additional legal consequences, including a warrant for your arrest.
How long does a criminal speeding case take in Phoenix?
The timeline varies depending on the court, the complexity of the case, and whether it is resolved through a plea or goes to trial. Additionally, how quickly you retain an attorney and respond to the citation can affect the pace of the proceedings.
Can a criminal speeding charge be reduced or dismissed?
In some cases, yes. An experienced defense attorney may be able to negotiate a reduction to a civil traffic violation or pursue a dismissal based on the facts. However, outcomes depend entirely on the specific circumstances of the case. There are no guarantees, and results vary.
Talk to a Phoenix Criminal Defense Attorney Today
Facing a criminal speeding charge is stressful. However, you do not have to navigate the Arizona criminal court system alone. Understanding your rights and options early can make a significant difference in how your case unfolds.
At Guardian Law Group, our experienced criminal defense attorneys serve clients throughout Phoenix and the surrounding communities, including Scottsdale, Mesa, Tempe, and Glendale. We focus on clear communication, thorough case review, and strategic advocacy aimed at the best possible outcome for each client.
If you or someone you know is facing criminal speeding charges, do not wait. Talk with a Phoenix criminal defense attorney at Guardian Law Group today. Request a free consultation and take the first step toward understanding your options.
This content is general educational information only and is not a substitute for advice from a licensed attorney regarding your specific situation.