Most people think of speeding as a minor traffic issue. However, in Arizona, certain speeding violations cross into criminal territory. When that happens, a conviction can leave a lasting mark on your criminal record.

Residents in Surprise, Peoria, Glendale, and across the greater Phoenix area are often surprised to learn that criminal speeding is a misdemeanor charge. Because of this, a conviction can affect your employment, housing, and more.

This post explains what criminal speeding means in Arizona, how a conviction can affect your record, and what general options may be available to you.

What Is Criminal Speeding in Arizona?

Arizona law treats certain speeding violations as criminal offenses, not just civil traffic tickets. This is an important distinction. A civil ticket results in a fine. A criminal charge can result in a misdemeanor conviction on your record.

When Does Speeding Become a Criminal Charge?

Arizona law generally classifies speeding as criminal in specific situations. These include driving over a certain speed threshold in a school zone, driving faster than 85 mph anywhere in the state, or driving 20 mph or more over the posted speed limit.

Therefore, even if you were not driving recklessly in your own view, the law may still treat your speed as a criminal matter. Many drivers in Surprise and nearby communities do not realize this until they are already facing charges.

What Class of Misdemeanor Is It?

Criminal speeding in Arizona is typically charged as a Class 3 misdemeanor. This is the lowest level of misdemeanor in the state. However, it is still a criminal charge with real consequences.

A Class 3 misdemeanor can carry potential penalties including fines, court fees, and in some cases, a short jail term. Additionally, a conviction becomes part of your permanent criminal record unless action is taken to address it.

How a Criminal Speeding Conviction Affects Your Record

A criminal record from a speeding conviction is not just a piece of paper. It can follow you into many areas of your life. Understanding the potential impact is important before deciding how to handle a charge.

Employment and Background Checks

Many employers run background checks on job applicants. A criminal record, even for a misdemeanor, can appear in those searches. As a result, some employers may pass over applicants with any criminal history.

This is especially true for jobs that require professional licenses, security clearances, or work with vulnerable populations. Moreover, if you already hold a professional license in Arizona, a criminal conviction may trigger a review by your licensing board.

Housing Applications

Landlords in the Phoenix metro area, including communities like Surprise, Peoria, and Glendale, also run background checks. A misdemeanor conviction on your record can raise red flags during a rental application review.

Furthermore, some apartment communities have strict policies about criminal history. Even a single misdemeanor can limit your housing options in competitive rental markets.

Driver’s License and MVD Points

A criminal speeding conviction can also trigger points on your Arizona Motor Vehicle Division (MVD) record. Accumulating too many points can lead to license suspension. Because of this, the impact is not limited to your criminal record alone.

Additionally, your auto insurance provider may learn of the conviction and raise your rates. This financial consequence can last for several years.

Immigration Consequences

For non-citizens living in Surprise or anywhere in Arizona, a criminal conviction can carry serious immigration consequences. Even a misdemeanor can affect visa status, green card applications, or naturalization proceedings.

Therefore, non-citizens facing a criminal speeding charge should consult an attorney as soon as possible. The stakes can be much higher in these situations.

The Court Process for Criminal Speeding in Surprise

Criminal speeding cases in Surprise are typically handled in the Surprise City Court or the West Valley Justice Court, depending on where the violation occurred. The process is different from a standard traffic ticket.

Arraignment and Entering a Plea

After being cited for criminal speeding, you will likely receive a notice to appear in court. At your first appearance, you will be asked to enter a plea. This is an important step that can shape the rest of your case.

Many people feel pressure to simply plead guilty to get it over with. However, doing so without understanding the consequences can be a costly mistake. Talking with a Phoenix criminal defense attorney before your court date can help you make a more informed decision.

Possible Outcomes

Criminal speeding cases do not always result in a conviction. There are several general paths a case can take, depending on the facts and circumstances involved.

• Dismissal: In some cases, charges may be dismissed if there are problems with the evidence or the stop itself.
• Plea agreement: A prosecutor may agree to reduce a criminal speeding charge to a civil traffic violation, which would not appear on your criminal record.
• Diversion or defensive driving: Some courts offer programs that allow eligible defendants to avoid a conviction by completing a course or meeting other conditions.
• Trial: You have the right to contest the charge at trial, where the prosecution must prove the violation beyond a reasonable doubt.

Each situation is different. Therefore, the right approach depends on the specific facts of your case and what outcome matters most to you.

Can a Criminal Speeding Conviction Be Set Aside in Arizona?

Arizona does not have a traditional expungement process like some other states. However, Arizona law does allow for a process called a set-aside. This is worth understanding if you are already dealing with a past conviction.

What a Set-Aside Does

A set-aside allows the court to dismiss the charges after you have completed all the terms of your sentence. The conviction remains on your record, but the court notes that it has been set aside. This can sometimes help in employment or licensing situations.

However, a set-aside does not fully erase the conviction. Furthermore, not everyone qualifies. An attorney can review your specific situation and explain whether pursuing a set-aside makes sense for you.

Recent Changes in Arizona Law

Arizona recently passed legislation that expanded options for clearing certain criminal records. Additionally, the state created a process for expungement in limited circumstances, particularly related to marijuana convictions.

The law in this area continues to evolve. Because of this, it is worth speaking with an attorney who stays current on Arizona criminal law to understand what options may apply to your situation.

Why You Should Take a Criminal Speeding Charge Seriously

It is easy to underestimate a misdemeanor charge. Many people assume it is a minor matter that will simply go away. In reality, a criminal speeding conviction can have real, lasting effects on your life in Surprise and beyond.

Moreover, the court process can feel confusing and fast-moving if you are not prepared. Having an attorney by your side can help you understand your rights, evaluate your options, and avoid outcomes you did not see coming.

First, gather any documentation related to your citation. Next, write down the details of what happened. Then, contact a qualified criminal defense attorney before your court date. These steps can help set you up for a better outcome.

If you are facing a criminal speeding charge in Surprise, Peoria, Glendale, or anywhere in the Phoenix area, consider reaching out to an attorney sooner rather than later. Contact Guardian Law Group to request a free consultation and learn what options may be available to you.

Frequently Asked Questions About Criminal Speeding and Your Record

Is criminal speeding the same as reckless driving in Arizona?

No, they are separate charges. Reckless driving is generally a more serious offense. However, the two charges can sometimes overlap depending on the circumstances of a stop. Each carries its own potential penalties and record consequences.

Will a criminal speeding conviction show up on a background check?

Yes, in most cases it will. A misdemeanor conviction typically appears in criminal background checks. As a result, it can affect job applications, housing, and professional licensing reviews.

Can I handle a criminal speeding case without an attorney?

You have the right to represent yourself. However, criminal cases involve procedures, deadlines, and legal standards that can be difficult to navigate without experience. Additionally, the decisions you make early in the process can significantly affect the outcome.

How long does a criminal speeding conviction stay on my record in Arizona?

In Arizona, a misdemeanor conviction stays on your record indefinitely unless a set-aside is granted or other legal action is taken. There is no automatic removal after a set period of time. Therefore, addressing the conviction proactively is generally advisable.

What should I do if I was cited for criminal speeding in Surprise?

First, do not ignore the citation or miss your court date. Next, avoid making statements about the incident without speaking to an attorney. Then, consult a criminal defense attorney who can review the details and help you understand your options before entering any plea.

Talk to Guardian Law Group About Your Criminal Speeding Case

A criminal speeding charge in Surprise or anywhere in the Phoenix metro area deserves to be taken seriously. Your criminal record, your license, your career, and your future may all be on the line. Because of this, having experienced legal guidance can make a meaningful difference.

At Guardian Law Group, our criminal defense attorneys represent people across Phoenix, Surprise, Glendale, Peoria, and the surrounding communities. We handle misdemeanor and felony matters with careful attention and a focus on the best possible outcome for each client.

We understand how stressful it is to face a criminal charge. Therefore, we take the time to explain your situation clearly, review the evidence, and help you make informed decisions every step of the way.

Request a free consultation today. Our team is ready to listen, answer your questions, and help you move forward with confidence.