Criminal Speeding in Arizona: Traffic Ticket Defense

Criminal speeding in Arizona occurs when a driver exceeds specific speed limits, as defined by ARS §28-701.02.

This type of speeding goes beyond a typical civil traffic violation and can result in a criminal charge. Under Arizona law, there are several ways you can be charged with criminal speeding:

• Exceeding 35 mph in a school zone: This applies when you are approaching a school crossing.
• Exceeding the speed limit by more than 20 mph in a business or residential area: If no speed limit is posted, driving over 45 mph in these areas can result in criminal speeding charges.
• Exceeding the posted speed limit by more than 20 mph in other areas: This includes highways or other non-residential zones where a violation occurs if the speed exceeds the limit by more than 20 mph.

If you violate any of these rules, it is considered a class 3 misdemeanor. Importantly, if you are charged with criminal speeding under these provisions, you cannot be issued a civil complaint for a standard speeding violation related to the same incident.

In Arizona, the primary difference between civil speeding and criminal speeding lies in the severity of the offense and the penalties involved.

Civil speeding is a minor traffic violation where the driver exceeds the posted speed limit by a smaller margin. It usually results in a fine and points on the driver’s record but does not lead to jail time or a criminal record.

On the other hand, criminal speeding is treated as a more serious violation, classified as a class 3 misdemeanor. It can lead to harsher penalties, including fines, probation, up to 30 days in jail, and a permanent criminal record. While civil speeding is generally resolved through payment of a fine, criminal speeding can result in long-term consequences that may affect employment, insurance rates, and your driving privileges.

Both violations can lead to points on your driving record, but criminal speeding carries the added risk of lasting impacts on your personal and professional life

In Arizona, receiving a criminal speeding ticket comes with serious consequences due to its classification as a class 3 misdemeanor. Unlike a civil speeding violation, criminal speeding can lead to penalties that extend beyond fines and points on your driving record. Here are the potential penalties you may face if convicted:

• Fines: A criminal speeding conviction can result in fines up to $500, not including additional court surcharges.
• Jail Time: Criminal speeding carries a possible jail sentence of up to 30 days, depending on the circumstances and the judge’s discretion.
• Points on Your Driving Record: A conviction will add 3 points to your driving record, tracked by the Arizona Department of Transportation (ADOT). Accumulating too many points can result in a license suspension.
• Probation: In some cases, the court may impose probation as part of the sentence, which can include restrictions on driving and other conditions.
• Criminal Record: A criminal speeding conviction results in a permanent criminal record, which can affect future job opportunities, housing, and more.

Given the seriousness of these penalties, handling a criminal speeding ticket requires careful consideration. Consulting an experienced criminal defense attorney can help you avoid the long-term impact of these charges.

When facing criminal speeding charges in Arizona, there are several defenses that experienced attorneys may use to reduce or dismiss the charges. These defenses often focus on the accuracy of the evidence, the circumstances of the incident, or legal technicalities. Here are some common strategies defense attorneys employ:

• Challenging the Accuracy of Speed Detection Devices: Many criminal speeding cases rely on radar, laser, or other speed detection devices. An attorney may challenge the accuracy of these devices by questioning whether they were properly calibrated or operated by a trained officer. If the equipment was malfunctioning or not properly maintained, it could lead to a reduction or dismissal of the charges.
• Questioning the Officer’s Observation: In some cases, defense attorneys can argue that the officer’s observation was mistaken. This could involve cross-examining the officer’s report and pointing out inconsistencies, such as poor visibility or traffic conditions that may have affected their ability to accurately gauge the speed.
• Necessity Defense: Another potential defense is arguing that you were speeding out of necessity due to an emergency. For example, if you were trying to avoid a dangerous situation or rushing to get medical help, this can be presented as a valid reason for exceeding the speed limit.
• Mistake of Fact: In some instances, drivers may not realize they are speeding because of unclear or improperly posted speed limits. If you were unaware of a reduced speed limit in a specific area, such as a school zone or construction zone, an attorney could argue that this mistake of fact should reduce your liability.

Each case is unique, and the defense strategy will depend on the specific circumstances of your case. Working with a criminal defense attorney can help ensure that your rights are protected and that the charges against you are fought with the strongest possible defenses.

When facing a criminal speeding charge, having Christian Lueders from Guardian Law on your side can significantly improve the outcome of your case. As a former felony prosecutor, Christian has handled hundreds of cases, giving him the experience to manage court procedures and work with prosecutors to reduce or even dismiss charges.

His background allows him to challenge evidence such as radar readings or errors in police reports, weakening the case against you. Christian’s strong relationships within Arizona’s legal community and his proven track record as a skilled litigator help ensure your rights are protected throughout the process. 

Contact Guardian Law today to discuss your case and explore your options. Christian Lueders is committed to fighting for the best possible outcome for his clients. Let his extensive experience and courtroom presence help you achieve the best result in your criminal speeding case.