Guardian Law Group · Arizona
Arizona Criminal Speeding Lawyer
In Arizona, criminal speeding is a criminal charge, not just a ticket.
It’s a misdemeanor that stays on your record.
A normal Arizona speeding ticket is a civil violation. Go a little faster and the same stop becomes a criminal charge under A.R.S. § 28-701.02, the statute most people call criminal speeding or excessive speed. It is a class 3 misdemeanor with possible jail, a fine plus surcharges, and MVD points.
Guardian Law Group defends criminal speeding cases in justice and municipal courts across Arizona, including Maricopa, Yavapai, and Pinal counties. Below: where the line is, what a conviction costs, and how these cases are defended.
Your citation lists the court and your arraignment date. Do not plead guilty or pay online before you understand the options.
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Quick answer
Criminal speeding in Arizona is driving more than 20 mph over the posted limit, more than 35 mph approaching a school crossing, or over 45 mph in a business or residential district with no posted limit. It is a class 3 misdemeanor: up to 30 days in jail, a fine of up to $500 plus surcharges, and 3 MVD points.
What Is Criminal Speeding in Arizona?
A.R.S. § 28-701.02 is titled “Excessive speeds.” It makes it a crime to:
- Exceed 35 mph approaching a school crossing.
- Exceed the posted limit in a business or residential district by more than 20 mph, or exceed 45 mph there if no limit is posted.
- Exceed the posted limit by more than 20 mph anywhere else.
“Business district” and “residence district” have technical definitions based on how much of the road frontage is used for businesses or homes (A.R.S. § 28-101(14), (69)). That matters mostly on unposted roads, where the 45 mph rule applies.
The State does not have to prove you meant to speed. It has to prove you were the driver, the speed, and the posted limit or the type of location. That is why the speed evidence is usually the center of the case.
How Fast Is Criminal Speeding?
The law uses “more than 20 mph” over the posted limit. Exactly 20 over is civil speeding; 21 over is criminal.
| Posted limit | Civil speeding | Criminal speeding starts at |
|---|---|---|
| 25 mph | 26 to 45 mph | 46 mph |
| 35 mph | 36 to 55 mph | 56 mph |
| 45 mph | 46 to 65 mph | 66 mph |
| 65 mph | 66 to 85 mph | 86 mph |
| 75 mph | 76 to 95 mph | 96 mph |
| Approaching a school crossing | Over the posted school limit | 36 mph |
The current statute has no fixed 85 mph cutoff. Some websites still describe an older 85 mph rule; under the law as written today, 90 in a 75 zone is civil speeding. The school crossing rule is separate from the 15 mph school-zone limit in A.R.S. § 28-797, which is a civil violation with a doubled penalty when the signs say so.
What Is the Difference Between Civil and Criminal Speeding?
Civil speeding under A.R.S. § 28-701 covers driving faster than is reasonable and prudent, or faster than the posted or default limit. It carries a civil penalty of up to $250 plus surcharges (§ 28-1598), 3 MVD points, and no criminal record. You can usually resolve it by paying, contesting it at a civil hearing, or attending defensive driving school.
Criminal speeding is prosecuted by a city or county prosecutor. You have a right to counsel, the State must prove the charge beyond a reasonable doubt, and a conviction is a criminal misdemeanor that appears on background checks. The officer also cannot write both: a person charged under § 28-701.02 may not be issued a civil § 28-701 complaint for the same circumstances (§ 28-701.02(C)).
A common resolution is an amendment from criminal speeding to civil speeding. That is a negotiated outcome, not an automatic one, and it depends on the speed, your record, and the court.
What Are the Penalties for Criminal Speeding in Arizona?
- Jail: up to 30 days (A.R.S. § 13-707(A)(3)).
- Fine: up to $500 (§ 13-802(C)), plus surcharges totaling 68% of the fine (§ 12-116.01; § 12-116.02) and flat assessments. A $500 fine works out to more than $840.
- Criminal record: a misdemeanor conviction.
- MVD points: 3 (MVD and Courts Training Manual).
Most first-time criminal speeding cases do not end with jail, but the judge has that authority, and very high speeds or a crash make it more likely to be on the table. Arizona’s general rule that bumps a repeat misdemeanor to a higher class does not apply to traffic offenses (§ 13-707(B)).
Ticketed for 21 or more over? Ask about your options before your arraignment. Available 24/7.
Will Criminal Speeding Affect My License and Insurance?
One conviction does not trigger an automatic suspension, but the 3 points count toward Arizona’s 8-point threshold. Reach 8 points in 12 months and MVD must order traffic survival school or suspend your license (A.A.C. R17-4-404(B)). Two criminal speeding convictions plus one more moving violation in a year gets you there.
Drivers under 18 who are convicted are ordered to traffic survival school on a first conviction and suspended for 3 months on a second (A.R.S. § 28-3321). Starting July 1, 2027, a court may, at the driver’s request, order a speed-inhibiting device instead of a suspension for a minor’s first excessive-speed offense (A.R.S. § 28-711(A)(4)).
Insurers check MVD records at renewal. A criminal speeding conviction is more likely to affect your rate than a dismissed citation. Commercial license holders face stricter reporting rules and should talk to a lawyer before resolving anything.
Can You Take Defensive Driving School for Criminal Speeding?
Sometimes. For civil tickets, the court must allow defensive driving school if you are eligible. For criminal speeding, the court may allow it (A.R.S. § 28-3392(A)(2)(a)). If you complete the class, the court dismisses the citation and MVD does not put it on your driving record (§ 28-3394).
- You can only use defensive driving school once every 12 months (§ 28-3392(B)).
- It is not available if the violation caused death or serious physical injury.
- Commercial drivers in a vehicle requiring a CDL are not eligible for the diversion.
Each court sets its own practice. The Arizona Supreme Court defensive driving program lists approved schools.
How Do You Fight a Criminal Speeding Ticket?
Radar and lidar
We request calibration and maintenance records, the officer’s training, and any logs from the shift. Radar can pick up a different vehicle in traffic; lidar depends on aim and distance. Missing or stale records weaken the reading.
Pacing and visual estimates
Pacing is only as good as the patrol car’s speedometer calibration and the distance the officer kept. An estimate without a device is the officer’s opinion, and it can be tested.
Signs and location
A posted limit on a state highway takes effect when signs are erected (A.R.S. § 28-702(B)). Where the limit changed, where the sign stood, and whether the area was a business or residence district can change the math.
Emergencies
If you were speeding to avoid a greater imminent harm and had no reasonable alternative, the necessity defense may apply (A.R.S. § 13-417).
Even when the speed is not in dispute, a clean record, a safe driving history, and completed driving courses can support a request to amend or reduce the charge.
What Happens After a Criminal Speeding Citation?
The citation is the complaint, and it names your court. DPS and sheriff citations usually go to a justice court, such as the Maricopa County Justice Courts; city police citations usually go to a municipal court, such as Phoenix Municipal Court. At arraignment you enter a plea. If you plead not guilty, the case moves to pretrial conferences, where your lawyer reviews the evidence and negotiates, and then to trial if needed.
If you miss a court date, MVD must suspend your license until you appear (A.R.S. § 28-3308). If you were cited for reckless driving or aggressive driving in the same stop, those charges are usually handled together.
Why Talk With Guardian Law Group?
A former prosecutor’s view of the State’s case
Before defending clients, Christian M. Lueders served as a Maricopa County felony prosecutor. He knows how prosecutors evaluate speed cases and what they need to prove the number on the citation.
Careful, trial-ready preparation
We get the radar or lidar records, video, and the officer’s notes, then compare them with the exact subsection charged. Most criminal speeding cases resolve before trial, but we prepare them for trial.
Clear answers about what comes next
You will hear what the charge carries, how it affects your points, and which options your court actually uses. Read what clients say about Guardian Law Group.
Criminal Speeding Questions and Answers
Quick answers about criminal speeding charges in Arizona.
Is going 20 over a criminal offense in Arizona?
No. The statute requires more than 20 mph over the posted limit. At exactly 20 over, it is civil speeding. At 21 over, it is criminal (A.R.S. § 28-701.02(A)).
Is 85 mph automatically criminal speeding in Arizona?
Not under the current statute. On a 75 mph highway, criminal speeding starts at 96 mph. On a 65 mph road, it starts at 86 mph.
How many points is criminal speeding in Arizona?
Three points, according to MVD’s point table for § 28-701.02. Eight points in 12 months leads to traffic survival school or a suspension (A.A.C. R17-4-404).
Can a criminal speeding ticket be reduced to a civil ticket?
Often it can be negotiated, but it is up to the prosecutor and court. Speed, location, any crash, and your driving record all matter.
Will I go to jail for criminal speeding?
Jail is possible, up to 30 days, but it is not the usual result in a first case without aggravating facts. A lawyer can tell you how your court typically handles your speed.
Does criminal speeding show up on a background check?
A conviction is a criminal misdemeanor, so it can appear on criminal background checks. A dismissal after defensive driving school, or an amendment to a civil violation, does not create a criminal conviction.
Contact Guardian Law Group
Talk With an Arizona Criminal Speeding Lawyer
If you were cited under A.R.S. 28-701.02 anywhere in Arizona, contact Guardian Law Group before your arraignment.
Available 24/7.
3101 N Central Avenue, Suite 850
Phoenix, Arizona 85012
Serving Maricopa, Yavapai, and Pinal counties and courts across Arizona.
Please do not include confidential case details in an initial online inquiry. Contacting the firm does not create an attorney-client relationship; the firm must first agree to represent you.
Request a consultation
Available 24/7. Call or send a short message through our contact page. Helpful to have ready:
- Your citation, including the speed and posted limit
- Your court date and court
- Whether you have had defensive driving school in the last 12 months