Quick answer

In Arizona, ordinary speeding is a civil violation with no jail. Criminal speeding (A.R.S. § 28-701.02), reckless driving (§ 28-693), aggressive driving (§ 28-695), and racing (§ 28-708) are criminal misdemeanors with possible jail of 30 days to 6 months. A second racing conviction within 24 months is a class 6 felony.

Is a Traffic Ticket a Crime in Arizona?

Usually not. Arizona treats most moving violations, including ordinary speeding under A.R.S. § 28-701, as civil traffic violations (A.R.S. § 28-121(B)). A civil violation has no jail and no criminal record. The base civil penalty is capped at $250, plus surcharges (A.R.S. § 28-1598), and the conviction is still reported to the Motor Vehicle Division (MVD), where it can add points.

A criminal traffic offense is prosecuted like any other misdemeanor. You have the right to a lawyer and to make the State prove its case, and a conviction is a criminal conviction with possible jail and license consequences. Our misdemeanor vs. felony guide explains how Arizona classifies offenses.

The statute number on your citation tells you which kind of case you have. A citation under § 28-701 is civil speeding. A citation under § 28-701.02, 28-693, 28-695, or 28-708 is a criminal charge.

Which Driving Offenses Are Criminal in Arizona?

  • Criminal speeding (§ 28-701.02): more than 20 mph over the limit, more than 35 mph approaching a school crossing, or over 45 mph in an unposted business or residential district. Class 3 misdemeanor.
  • Reckless driving (§ 28-693): driving with reckless disregard for the safety of people or property. Since September 12, 2026, this includes illegal motorcycle lane splitting. Class 2 misdemeanor.
  • Aggressive driving (§ 28-695): speeding plus at least two other listed violations in one continuous stretch of driving that creates an immediate hazard. Class 1 misdemeanor.
  • Racing and exhibition of speed (§ 28-708): a race, drag race, speed contest, or exhibition of speed or acceleration on a street or highway. Class 1 misdemeanor; class 6 felony on a second within 24 months.

What Are the Penalties for Criminal Traffic Charges?

Maximums come from A.R.S. § 13-707 (jail) and § 13-802 (fines). They are ceilings, not typical sentences.

ChargeClassMax jailMax fine (before surcharges)MVD pointsLicense
Criminal speedingClass 3 misdemeanor30 days$5003No statutory suspension for one conviction; points count toward 8
Reckless drivingClass 2 misdemeanor4 months$7508Judge may suspend up to 90 days; 1 year if a qualifying prior within 24 months
Aggressive drivingClass 1 misdemeanor6 months$2,5008Traffic survival school required; court may order a 30-day suspension; 1 year on a second within 24 months
Racing (first)Class 1 misdemeanor6 months$2,500 (minimum $250) plus a $1,000 assessment8Judge may suspend up to 90 days
Racing (second within 24 months)Class 6 felonyUp to 2 years for a first felony offense; at least 10 days in jail before any releaseMinimum $500 plus a $1,000 assessment81-year suspension

Surcharges are added to every fine: 42%, 7%, and 6% under A.R.S. § 12-116.01 and 13% under § 12-116.02, for 68% on top of the base fine, plus flat assessments. A $500 fine becomes more than $840 before any court fees. Racing convictions also carry a separate $1,000 assessment (§ 12-116.11).

For reckless driving and racing, an officer must impound the vehicle for 20 days if the officer reasonably believes letting you keep driving would expose others to a risk of serious injury or death (A.R.S. § 28-3511(A)(2)-(3), (E)).

How Do MVD Points Work in Arizona?

MVD assigns points when a moving violation ends in a conviction or judgment. Under the point schedule in the Arizona Administrative Code, reckless driving, aggressive driving, and racing are 8 points each, and speeding is 3 (A.A.C. R17-4-404, Table 1). MVD’s court manual lists criminal speeding under § 28-701.02 at 3 points (MVD and Courts Training Manual 2026/2027).

If you reach 8 or more points in 12 months, MVD must order traffic survival school or suspend your license (R17-4-404(B); A.R.S. § 28-3306). That means a single conviction for reckless driving, aggressive driving, or racing reaches the threshold on its own. Higher totals bring suspensions of 3, 6, or 12 months. Drivers under 18 face separate rules for other moving violations, including criminal speeding: a first conviction means traffic survival school, a second a 3-month suspension (A.R.S. § 28-3321).

Insurers can see your MVD record, so a conviction can affect your rates at renewal.

Cited for a criminal traffic offense? Talk with a lawyer before your arraignment. Available 24/7.

Call (602) 888-8020

What Happens in Court After a Criminal Traffic Citation?

Criminal traffic cases are heard in limited jurisdiction courts. Citations from a city police department usually go to that city’s municipal court, such as Phoenix Municipal Court. Citations from the Department of Public Safety or a sheriff’s office usually go to a county justice court, such as the Maricopa County Justice Courts. Yavapai and Pinal counties have their own justice courts; the Arizona courts directory lists them all.

  1. Arraignment. You enter a plea of guilty, not guilty, or no contest. A lawyer can often appear for you or file a written plea, depending on the court.
  2. Pretrial. Your lawyer reviews the evidence, including video and speed records, and negotiates.
  3. Trial. If the case does not resolve, the State must prove every element beyond a reasonable doubt.

If you miss a court date on a criminal traffic complaint, MVD must suspend your license until you appear (A.R.S. § 28-3308), and the court can issue a warrant. See the court system’s overview of the steps in a criminal case.

What Should You Do After a Criminal Traffic Ticket?

Do

  • Note the court, date, and time on the citation and put them on your calendar.
  • Write down what happened: traffic, weather, signs, and lanes.
  • Save dashcam video and photos of the location and speed limit signs.
  • Get your MVD driving record so you know your points and any priors.

Don’t

  • Don’t pay or plead guilty online to make it go away. A guilty plea is a criminal conviction.
  • Don’t miss your arraignment.
  • Don’t assume the charge cannot be amended or reduced.

How Are Criminal Traffic Charges Defended?

The defense depends on the charge and the evidence. Questions we look at in most cases:

  • How was speed measured? Radar and lidar depend on calibration and operator training; pacing depends on a calibrated speedometer and a steady distance. A visual estimate is opinion evidence.
  • Was the limit posted? A posted state highway limit takes effect when signs are erected (A.R.S. § 28-702(B)).
  • Does the evidence fit the statute? Aggressive driving needs a specific combination of violations; reckless driving needs more than carelessness; racing needs a race, contest, or exhibition.
  • Was there an emergency? Arizona’s necessity defense can apply when a person had no reasonable alternative to avoid a greater imminent harm (A.R.S. § 13-417).

Many cases resolve through negotiation, such as amending a criminal charge to a civil violation, and in criminal speeding cases the court may allow defensive driving school (A.R.S. § 28-3392(A)(2)). What is available depends on the court, the facts, and your record.

Phoenix criminal defense attorney Christian Lueders reviewing a case with two clients at the Guardian Law Group office

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 uses that experience to look at a traffic case the way a prosecutor will: what the officer can actually testify to, what the speed evidence shows, and where the report leaves gaps.

Careful, trial-ready preparation

We request the citation, the officer’s report, video, and speed-measurement records, and we check the facts against the exact statute charged. Most cases are resolved without trial, but each case is prepared as if it will be tried.

Clear answers about what comes next

You will know what the charge carries, how it affects your license and points, and what the realistic options are in your court. Read what clients say about Guardian Law Group.

Related Arizona Traffic Charges

Arizona Criminal Traffic Questions and Answers

Short answers to questions people ask after a criminal traffic citation.

How fast is criminal speeding in Arizona?

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 (A.R.S. § 28-701.02(A)). Exactly 20 over is not criminal speeding under the statute.

Can I just pay a criminal speeding ticket?

A criminal charge is generally not handled like a civil ticket you pay online. You must appear or have a lawyer appear, and a guilty plea results in a criminal conviction plus MVD points. Talk to a lawyer about other options first.

Is reckless driving a felony in Arizona?

No. Reckless driving is a class 2 misdemeanor, or a class 1 misdemeanor with at least 20 days in jail if you have a qualifying prior within 24 months (A.R.S. § 28-693(C), (E)). Racing is the traffic charge that can become a felony.

How long does the State have to file a criminal traffic charge?

For misdemeanors, generally one year after the offense is discovered (A.R.S. § 13-107(B)). A civil traffic ticket must generally be issued within 60 days (§ 28-1592).