Criminal Speeding - Guardian Law Group

Criminal Speeding in Arizona: Traffic Ticket Defense

We’re Here to Help You – Talk to Our Legal Team Immediately

We're Here to Guard Your Freedom

Many drivers in Arizona assume that a speeding ticket is simply a minor issue that can be resolved with a fine. However, criminal speeding is an entirely different matter. Unlike a standard civil speeding violation, criminal speeding is a misdemeanor offense under A.R.S. § 28-701.02, carrying more severe consequences.

One common misconception is that you can handle a criminal speeding ticket just like a regular traffic ticket—pay the fine and forget about it.

Unfortunately, this isn’t the case. Criminal speeding has long-lasting effects, including higher insurance premiums, points on your driving record, and potential license suspension.

If you’ve been charged with criminal speeding, having an experienced defense team like Guardian Law can make all the difference. Christian Lueders and his team are skilled at protecting your rights and working toward reducing or dismissing your charges.

Our Case Process

Free One-on-one Confidential Consultation

Don’t Wait – Call Us Now to Speak with an Arizona Criminal Defense Lawyer

Click to Call Us

What Is Criminal Speeding in Arizona?

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.

What is the Difference Between Criminal and Civil Speeding in Arizona?

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

Penalties for a Criminal Speeding Ticket

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.

Defenses to Criminal Speeding 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.

11 FAQs About Excessive Speed

How many points is criminal speeding in Arizona?

When you receive a criminal speeding violation in Arizona, 3 points will be added to your driving record. If you accumulate too many points, the Arizona Motor Vehicle Department may suspend your driver’s license. Points can also increase your insurance premiums

What happens if you've been charged with criminal speeding for the first time?

For a first-time conviction for criminal speeding, which is a class 3 misdemeanor, you may face penalties including fines, up to 30 days in jail, and 3 points on your driving record. The court may also require you to attend traffic school. Even as a first offense, the consequences can have lasting impacts on your driving and criminal record.

Can a criminal speeding ticket be dismissed or reduced?

Yes, a criminal defense attorney can work to have charges reduced or even have your criminal speeding ticket dismissed. This may depend on factors like evidence errors or negotiating with the prosecution. Working with a defense attorney can significantly increase your chances of avoiding a criminal conviction.

Can I attend traffic school to avoid a criminal conviction?

In some cases, the court may allow you to attend traffic school to reduce the points on your record or avoid harsher penalties. However, this is more commonly offered for civil traffic infractions rather than criminal offenses like criminal speeding.

How is criminal speeding different from a civil speeding ticket?

Criminal speeding is a class 3 misdemeanor in Arizona, which means it is treated as a criminal offense and can lead to jail time, fines, and a criminal record. In contrast, a civil speeding ticket typically results in a fine and points on your license but does not carry the same severe consequences or the possibility of a criminal conviction.

What should I do if I’ve been cited for criminal speeding?

If you’ve been cited for criminal speeding, it’s important to consult a criminal defense attorney as soon as possible. An attorney can help guide you through the legal process, review your case, and develop a strategy to beat a criminal speeding charge or have it reduced.

Is criminal speeding considered a serious traffic offense in Arizona?

Yes, criminal speeding in Arizona is considered a serious traffic offense. It’s classified as a misdemeanor criminal charge, which means it carries the potential for significant penalties, including jail time, fines, and a permanent criminal record.

What happens if my criminal speeding charge is reduced to a civil offense?

If your criminal speeding charge is reduced to a civil speeding ticket, you will face lighter penalties, typically limited to a fine and points on your license. You will not face jail time or have a criminal conviction on your record, which can be a significant relief.

Can I challenge the speed detection device used in my case?

Yes, one common defense is questioning the accuracy of the radar or speed detection device used. An attorney can scrutinize whether the device was properly calibrated and operated, which could potentially lead to having the criminal speeding charge reduced or dismissed.

Can a criminal speeding charge affect my employment?

A criminal speeding conviction in Arizona may result in a criminal record, which can impact employment opportunities, particularly if you work in fields that require a clean driving record or background checks

What is considered criminal speeding in a residential or business district?

In Arizona, you are guilty of criminal speeding if you exceed the speed limit in a business or residential district by more than 20 mph, or exceed 45 mph in areas where no speed limit is posted.

Should I Hire a Criminal Defense Attorney?

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.

Our Mission & Promise to You

Guardian Law Group is dedicated to providing exceptional legal representation to those facing criminal charges in Arizona. We take a personal approach, combining legal expertise with individual attention so you feel supported throughout the entire process.
If you or someone you care about is facing criminal charges in Arizona, you don’t have to go through it alone. Attorney Christian Lueders and the team at Guardian Law Group are commited to your freedom and ready to help.

Personalized Representation

We understand that every case is unique and tailor our approach accordingly.

Aggressive Defense

We’re relentless in defending your rights and pursuing the best possible outcome.

Keeping You Informed

We believe in keeping you updated at every stage so you can make confident decisions.

Your rights, freedom, and future are important. Let us put our experience and dedication to work for you.