Criminal speeding, technically known as Excessive speed, is a criminal traffic violation our firm deals with on a daily basis. If you or a loved one has received a criminal speeding ticket, we are here to help.
WHAT IS CRIMINAL SPEEDING?
There are 3 ways to get a criminal speeding ticket in Arizona:
- Exceed 35 mph in a school zone (28-701.02A1)
- Exceed the posted speed limit in a business or residential district by more than 20 mph (28-701.02A2)
- Exceed the posted speed limit by more than 20 mph in other locations (A.R.S. 28-701.02A3)
See A.R.S. 28-701.02(A) for the specific language of the law.
Criminal Speed Measurement
Police measure speed several different ways. It will usually say on the ticket how the speed was measured. If you want to learn more, you can check out our page on speed measurement methods.
What are the Penalties for a Criminal Speed Conviction?
If found guilty of criminal speeding, consequences for the majority of people include:
- Class 3 misdemeanor criminal conviction
- Fines in the $300-$600 range
- 3 points on Arizona driving record (and Arizona reports the conviction to other states)
A criminal speeding conviction can also result in collateral consequences including:
- Increased insurance rates
- Immigration issues
- License suspension depending on the driver’s history and accumulation of points
- Having to disclose a criminal conviction on job applications
Technically, the following more severe consequences are possible under the law:
- Fines up to $500 plus surcharges and court assessments that could nearly double the total fine
- Up to 30 days in jail. Jail time is rare, but it does happen. We most often see jail in city courts like Scottsdale City Court.
- Up to 1 year probation
Arizona is hard on traffic violations
Relative to other states, Arizona has some harsh criminal traffic charges.
We understand receiving a criminal speeding ticket can feel scary, confusing, and the unfamiliar process is intimidating. Most clients we work with on criminal traffic cases have never been charged with a crime before.
Our knowledge and experience can work for you to navigate your case, reduce your stress, and help you achieve your best outcome.
What is the goal in a criminal traffic case?
The primary goal is to avoid the criminal conviction, and we are frequently successful in achieving that goal. There are many factors and individual case details that contribute to outcomes, some of which cannot be known until the case is underway.
It may be difficult to obtain a non-criminal resolution, but whatever the chances, they will significantly improve with the assistance of an experienced attorney on your side.
We investigate, negotiate, and litigate to get the best outcome possible
Our firm thoroughly investigates every aspect of every case.
We gather evidence, look for any problems with the prosecution’s case, present you in your best light as a person and not merely a case number, and negotiate a deal when possible to achieve the best possible outcome.
We are always prepared to go to trial if necessary.
THE POSSIBLE OUTCOMES
Dismissal After Taking Defensive Driving School
Defensive driving diversion, alternatively known as defensive driving school, is the ideal outcome in an excessive speed case because it results in the charge being dismissed. In an excessive speed case this option is only available at the discretion of the judge. Some judges will never allow defensive driving diversion, whereas other judges may allow it even if the alleged speed is 100 mph or more. A clean driving record really helps when making this request to the court.
Dismissal for Other Reasons
This is very rare, because there is frequently evidence that our client was speeding, even if it was not criminal, and the prosecutor will at least want our client to plead to a civil speeding violation and pay a fine. Nevertheless, on occasion there is some irregularity or a failure of the State to follow the applicable rules that results in the case being dismissed. We are always on the lookout for such details that could result in a dismissal.
Reduction to a Civil Speeding Violations
If we cannot achieve defensive driving diversion, obtaining a plea to a civil speeding violation is usually the next best outcome. There are two approaches we focus on when trying to negotiate a plea to a civil speeding violation.
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.
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, an 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.
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.
Pleading Guilty to the Charge
If after a thorough investigation, we are unable to any information to refute the State’s allegations, it may make sense to plead to the charge rather than spend the time and resources to go through a trial we will almost certainly lose, and where the consequences will be left to the judge rather than agreed upon in advance. However, if we have found information that calls into doubt the officer’s allegations and we believe we can make a plausible argument, then we will take the case to trial.
Found Guilty or Not Guilty After Trial
If we cannot achieve defensive driving diversion, a reduced plea, or a dismissal, two options remain: taking the case to trial or pleading to the violation. By the time we get to this decision point, we have all of the information that is available and that will be used at trial, so our client can make an informed decision on how to proceed.
The outcome at a trial is either a guilty or a not-guilty judgment. If the judge finds the defendant guilty, then the judge gets to decide the sentence. This can be risky in some courts where a judge may be inclined to impose harsher penalties than what might be agreed upon in a plea agreement.
If the judge finds the defendant not-guilty, then that’s excellent! The defendant has no criminal conviction, no fines, no points, and gets to walk away with a clean background.
WE KNOW CRIMINAL SPEEDING
If you have questions about criminal speeding, we have answers. Here are answers to some of the most frequently asked questions.
Can you get a criminal speeding ticket for exceeding 85 mph?
Yes, but you would have to be exceeding the posted speed limit by more than 20 mph. Prior to September 29, 2021, a driver could be issued an excessive speed ticket for exceeding 85 mph, regardless of the posted speed limit.
Can you get a criminal speeding ticket from a photo enforcement device?
Yes. We have seen both Scottsdale and Paradise Valley issue excessive speed tickets based on speed measurement by a photo enforcement device.
We frequently see photo enforcement tickets for excessive speeds (speeds in excess of 20 mph over the posted limit) that are civil though. It appears that these two cities generally only issue criminal speeding tickets from photo enforcement when the speed is particularly egregious (like 90 in a 45) or for someone who has generated multiple photo enforcement tickets at excessive speeds.
How long does a criminal speeding case take?
Three to four months is usually a good estimate of time.
Will I have to appear in court?
If you hire an attorney, your attorney can often attend the pretrial conferences without you. Some courts require that a defendant attend pretrial conferences, but this is the exception rather than the rule. We represent many clients from out-of-state who never return to Arizona or attend court. You can discuss whether or not your presence is necessary with your attorney. If your case goes to trial, you will almost certainly need to attend the trial in person.
What if I don’t live in Arizona?
Most courts will let you appear by telephone for court appearances other than a trial. Some courts may require you to make this request in writing, others not. If you live out of state, call the court and ask them about their policies regarding telephonic appearances. If you have an attorney, your attorney can take care of this. If your case ends up going to trial, you will need to come back to Arizona for the trial. If your case is resolved without going to trial, you probably won’t need to physically return to Arizona.
Will a criminal speed conviction affect my job?
It depends, but probably not.
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 speed conviction probably won’t derail your career. However, a criminal speed conviction will likely require an explanation, and it is always ideal to avoid having to make that explanation.
For some jobs though, a criminal speed conviction is devastating. For example, for some commercial drivers such a violation could end their employment.
If you are concerned about how an excessive speed conviction could impact your job, you may want to review your company’s policies regarding criminal convictions and consult an attorney about your specific situation.
Will a criminal conviction affect my immigration status?
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 speed is not like assault, fraud, theft, burglary or any crime that involves a victim. Also, it does not involve alcohol, drugs or guns, all of which will create major problems for immigration.
In another post, we discuss potential immigration consequences with immigration attorney Jessica Cadavid.
Is criminal speeding a felony in Arizona?
No. It is a class 3 misdemeanor. A misdemeanor is far less serious than a felony.
Can you get arrested for speeding in Arizona?
Yes, definitely. If you are driving more than 20 mph over the posted limit, you can be cited with an excessive speed ticket. This is a criminal ticket. So even though you may not be taken to jail, if you receive the ticket, you have technically been arrested.
Most criminal traffic tickets are “cite and release”, or “cite in lieu of detention”. This means that that the driver is issued a criminal complaint (ticket) and then released because they promise to appear in court on a future date.
Alternatively, depending on how fast you are going and the police officer’s mood, the officer may actually handcuff you, put you in the back of his vehicle, and book you into jail. We do see this happen from time to time.
Can I set aside or expunge an excessive speed conviction?
WE ARE HERE TO HELP
Criminal traffic tickets are the focus of our firm. It is what we handle every day. We understand the uncertainty and concern you may be feeling and want to alleviate some of that for you.
You can rely on our team to navigate the confusing and intimidating court process for you.
We are knowledgable about the nuances of the entire court process. Because we have appeared in over 140 courts all over Arizona, we are most likely familiar with the particular court your criminal case is in. We likely have experience with the prosecuting agency too. Courts of limited jurisdiction (the ones that handle traffic tickets) vary greatly in their procedures. All of this acquired knowledge dramatically improves our results.
If you live out of state and do not want to come back to Arizona for your ticket, our attorneys can often appear for you or arrange for you to appear by phone.
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