Criminal Speeding in Arizona – Frequently Asked Questions

Each case is unique and your specific circumstances will determine what may happen, but the basic sequence of a case is this:

1. Arraignment

The date on your ticket is the arraignment date.  This is when you, the defendant (or your attorney) appears before a judge and enters a plea of not guilty or not guilty.

2. Pretrial Conferences

A Pretrial conference is a meeting between the prosecutor and the defendant (or your attorney) to see if a resolution can be reached and to make sure the defendant is getting the information they need (discovery).

3. Discovery

Discovery just means information gathering. It involves requesting and reviewing evidence which may include reports, witness statements, video, radar or lidar calibrations, AVL data, and more.

4. Negotiation

Negotiation, which can include a deviation request, is essentially making an argument to the prosecution requesting that the criminal speeding charge be reduced to something less based on the information uncovered during discovery and other mitigating details, such as the defendant’s driving record or background.

5. Resolution

This could involve a change of plea hearing if an agreement has been reached with the prosecution, or a trial.

If we cannot achieve defensive driving school or dismissal by some other means, then negotiating an outcome wherein the criminal speeding ticket is amended to a civil speeding charge is the next best outcome. There are two approaches we focus on when trying to negotiate a plea agreement to a civil speeding violation.

Legal Arguments

First, we try to create doubt as to whether our client actually committed the alleged violation. We look for errors or inconsistencies in the citing officer’s story, we look for errors in the speed measurement, and we also look for facts that would call into doubt the officer’s allegations. The goal is to convince the prosecutor that they would be unlikely to prevail at trial, and that offering a civil plea is a better use of resources than taking the matter to trial.

Personal Background

The second approach is to leverage notable details in our client’s background, such as work or school achievements, community involvement, volunteer work, commendations, letters of reference, or anything else that tends to show that our client is a peaceful, productive, and law-abiding citizen who should be given a break. Often, these personal details make a big difference in the outcome we are able to achieve.

Negotiation

After we have finished the discovery process, we may submit a written request to the prosecution asking the prosecution to deviate from the charge. In other words, we may ask them to offer a plea to something less, like a civil speeding ticket. This request will present all of the defendant’s good background details and ideally we can make a factual argument too.

Maybe. We always advise our clients to consult with an immigration attorney to get a definitive answer to this question. Keep in mind though that criminal speeding is not a crime of moral turpitude,  like fraud, theft, or burglary. There is not victim in criminal speeding. Also, it does not involve alcohol, drugs, violence or guns, all of which will create major problems for immigration. We have had clients successfully complete the citizenship process with a criminal speeding conviction. However, immigration is an area that is always changing depending on the political winds, so definitely consult an immigration attorney. 

In another post, we discuss potential immigration consequences with immigration attorney Jessica Cadavid.

Criminal speeding in Arizona is a 3-point violation, the same a civil speeding violation. Even if you don’t have an Arizona driver license, the Arizona Department of Transportation will create a record for you and assign points. Then Arizona will make this information available to other states. The result is that an excessive speed conviction in Arizona may follow you to your home state. We discuss how Arizona handles points in another post.

Keep in mind each state has its own points systems, and they can differ substantially.

Criminal speeding in Arizona is a class 3 misdemeanor. This means that the maximum fine permissible under the law in Arizona is $500. However, the court will tack on various fees and surcharges, which could bring the fine close to $1,000. There is also the possibility of additional costs beyond the fine, such as the cost of jail or the cost of a driving school that the court might impose. In the vast majority of cases we see, the fine is going to be in the $300 to $700 range.

This will of course depend on your job, but for the vast majority of people, the answer is no. We frequently represent clients who are required to undergo background checks as part of their job, or who hold security clearances, or who have professional licenses (like attorneys or doctors), and a criminal speeding conviction probably won’t derail your career. However, a criminal speeding conviction will likely require an explanation, and it is always ideal to avoid having to make that explanation.

For some jobs though, a criminal speeding conviction is devastating. For example, for some commercial drivers such a violation could end their employment.

If you are concerned about how a criminal speeding ticket might impact your job, you may want to review your company’s policies regarding criminal convictions and consult an attorney about your specific situation.

It is definitely helpful in achieving a good outcome if this is your first criminal speeding ticket in Arizona. Prior speeding tickets can make a prosecuting attorney unwilling to negotiate, or a judge unwilling to offer defnsive driving school as a resolution. The more recent the prior tickets, the more they will matter.

The other major factor is going to be the alleged speed on the ticket. If you have no prior tickets, and the alleged speed is 90 in a posted 65, for example, the chances of a non-criminal resolution are high. On the other end of the spectrum, if the alleged speed is 140 in a 65, the fact that this is your first ticket isn’t going to make much difference.