Criminal Speeding in Arizona

Traffic Law Guys4.8
Based on 139 reviews
Travis F.
Chris was able to quickly help me with my traffic situation from out of state. I live in Las Vegas, and he was still able to help me. Fast response and very professional!
Samantha B.
Amazing job, fair price, great communication and willing to answer any questions you have in a timely manner. These guys were awesome!
Maeghan M.
I had a phone consult with this office & they were BEYOND professional, courteous and helpful. We left the call and felt like we were given sound advice. We will be hiring this firm in a few weeks to represent my son on his matters. We called 4 other offices, and not one of them left us feeling like we did not HAVE to hire them, but only if we wanted to. We didn't feel pressured, but we felt like we were given the right direction regardless of whether we hired them or not. We look forward to doing business with them, and I will write another update AFTER the matter is adjudicated. Thank you, TLG!
Eva B.
Chris is extremely knowledgeable and walks you through the entire process
Eduardo Perez V.
Best traffic law firm in Phoenix, AZ. They offer comprehensive guidance and support across the board. My traffic ticket was handled professionally and swiftly, they answered all my questions and cared about my personal situation. They showed up professionally at court and delivered across and beyond. I have no hesitation to extend the highest recommendation.The Traffic Law Guys rocks!
Tom P.
I cannot express how impressed I was with Chris Rike from this firm. He breaks the mold of tradional attorney whereas he really does care about the good of the client.
mozeca A.
Olga was amazing ! Literally answered my questions in no time and gave me all the information needed. Especially being from MI and not understanding AZ laws exactly so it was so appreciated. Great service !
tucker G.
Absolutely fantastic lawyers. They got back to me on time and were extremely helpful. Highly recommend these guys!
Stephen H.
I found Traffic Law Guys through Yelp and compared them with a few other firms. What stood out to me were the reviews. They felt personable and genuinely focused on helping people. After choosing Traffic Law Guys to represent me, my experience reflected exactly that. They were clear, honest, and transparent throughout the entire process, and they also took the time to address concerns beyond just the traffic violation itself. All of this happened during a particularly challenging period, right around the holiday season and over the New Year, while I was overseas. Despite that, the team kept me well informed, which gave me real peace of mind. I can’t thank the team and admin staff enough. I’m still a bit shocked, in the best way, by the outcome, and especially by the generosity of receiving a substantial refund on my flat fee after my case was dismissed. I truly appreciate everything they did. Thank you.
Matt B.
If you need help with ANY moving violations or traffic incidents reach out to the Traffic Law Guys! Chris, David and their team of professionals helped me get exactly what I asked for and I highly recommend using them. Huge thank you to Tom and Olga for all of their help during this process, I couldn't be more satisfied with how this turned out. Greatly appreciate the efforts of their entire team, class act organization!
primemover011
Great experience, responsive, easy to work with and super nice guys. Thanks so much
Giridhar K.
I had a great experience working with this team on my traffic violation case. They handled everything smoothly, communicated clearly, and took care of the issue without it affecting my motor vehicle record. I really appreciated how stress-free they made the entire process. Highly recommended!
Tigran B.
Had a long consultation, and I'm grateful for their time and effort to help me with legal advice!
Tracie W.
We hired the Traffic Law Guys after my son received a criminal speeding ticket while driving home from college—unfortunately, in a town known for being particularly tough on speeding. From the very beginning, the entire team was outstanding: responsive, honest, and transparent about the process and potential outcomes. David handled the court hearing personally and was excellent—professional, prepared, and persuasive. As a fellow attorney, I was genuinely impressed by the quality of representation and level of care they provided. I would not hesitate to recommend Traffic Law Guys to anyone facing a traffic offense.
Shelley P.
What peace of mind Traffic Law Guys provided when I had a run-in with another driver. A call from the police telling me I was to be charged with aggressive driving--which carries possible jail time--had me pretty shook up. I scanned the web for a realistic expectation of what could happen if they followed through. Traffic Law Guys had the only website that seemed interested in spelling things out for me; all the others just wanted to scare me into contracting their services. The follow-through did not disappoint. Within a couple of hours--on a weekend--I had a call and an email that already put me more at ease. They answer the phone when you call, too, and are happy to help. Chris, the attorney I spoke to, made a point of calling me back on a Sunday, and never acted like it was a bother or that he had better things to do. I may or may not need legal help with this matter; time will tell. But if I do, I will absolutely call Traffic Law Guys. The rates are reasonable and the customer service is exactly what you'd hope for, especially when you're shook up and scared.
Desert R.
What peace of mind Traffic Law Guys provided when I had a run-in with another driver. A call from the police telling me I was to be charged with aggressive...
Paul B.
Working with the team was great. They explained everything to me in a way I could understand, not to mention they had my criminal speeding ticket 25+ mph over dropped down to defensive driving class only with 0 points and no criminal record.
Tigran B.
Had a wonderful experience! Definitely a super helpful and trustworthy firm with a great service!
Crystal C.
They went above and beyond. Kept me updated every step of the way. Truly amazing people working there!
Andrew S.
I'm blown away by the exceptional service I received from Traffic Law Guys in Scottsdale, AZ! David, the lawyer I worked with, was kind, courteous, and incredibly informative. He took the time to explain everything clearly and made sure I understood the process. What impressed me most was their honesty and integrity. When my case was reduced to taking an online traffic course just after getting started, they could have easily kept my money and done the bare minimum. Instead, they refunded me and continued to guide me through the process until I received my certificate. David, Chris, Olga, and the team at Traffic Law Guys truly went above and beyond. Their transparency, expertise, and kindness made a stressful situation much more manageable. I highly recommend them to anyone facing traffic-related issues. Five stars isn't enough – they deserve ten!
Grame P.
I had great help getting educated on the court process. The team really helps you out and answers all your questions. I recommend contacting the team if...
Jackson C.
Had a great experience with Traffic Law Guys! Their communication was top-notch from start to finish. If you're unsure which firm to go with, they’re a solid choice.
buda
Super helpful and informative! These people will go above and beyond to help you! I'm so glad I called them for my personal matters!
R. K.
Very good company, I recommend, especially Olga, she helped me a lot.
Ali E.
Hands on one of the Best Law firm to be represented by. I recieved criminal traffic violation in 2021, i contacted many Law firms but they were charging me ridiculous prices. Traffic law guys were transparent in every step of the way in my legal process, they kept me updated and got my sentence reduced to a minor traffic violation. I highly appreciate their effort, and since i have recommended many of my family, friends and colleagues to them.

Criminal speeding in Arizona is a class 3 misdemeanor under A.R.S. § 28-701.02. It is not a regular civil ticket. The line is driving more than 20 mph over the posted limit. A conviction can mean a criminal record, potential jail time, a fine plus surcharges, and 3 points on your driving record. You may have been cited and released, but that is still an arrest. A free consult with an attorney is the first step.

This page is for criminal / excessive speed tickets. If your citation is ordinary civil speeding or photo radar, that is a different charge and we generally do not take those cases. Look at the statute printed on the ticket. If you see 28-701.02, this page applies.

What Is Criminal Speeding In Arizona?

Arizona split speeding into two charges. Civil speeding is A.R.S. § 28-701. Criminal speeding — the statute titles it “excessive speed” — is A.R.S. § 28-701.02. Same conduct, different statute, completely different consequences.

A.R.S. § 28-701.02(A) lists three ways the State can charge it:

  • Exceed 35 mph approaching a school crossing. That is 28-701.02(A)(1).
  • Exceed the posted limit in a business or residential district by more than 20 mph. If no limit is posted, exceed 45 mph. That is 28-701.02(A)(2).
  • Exceed the posted limit by more than 20 mph in other locations — highways included. That is 28-701.02(A)(3).

A violation of any of those three is a class 3 misdemeanor.

People still talk about an 85 mph rule. That is not what the current statute says. On a 65 mph highway, 86 mph is more than 20 over and is criminal. On a 75 mph highway, 86 mph cannot be charged as criminal speed. The number that matters is the posted limit plus 20, or the school-crossing / unposted-district rules above.

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Criminal speeding vs. a civil speeding ticket

There are three main differences:

You were arrested.

A criminal speeding ticket is a criminal charge. Most officers use cite-and-release: they write the citation and let you go after you promise to appear in court. That is still an arrest. There is no arrest with a civil ticket.

Jail and probation are on the table.

A class 3 misdemeanor can carry up to 30 days in jail and probation. In the cases we see, jail is not the usual first-offense result. It is legally available. A civil ticket cannot send you to jail.

A conviction is a criminal record.

If a job, school, licensing board, or immigration form asks whether you have been convicted of a crime, a criminal speeding conviction is a yes. A civil speeding finding is not a criminal conviction.

What are the penalties?

Criminal speeding is a class 3 misdemeanor. The statutory maximum fine is $500. Courts add fees and surcharges, which can push the total toward $1,000. In the cases we see, the fine usually lands in the $300 to $700 range. The court can also order jail, probation, or a driving program. Historically, jail has been uncommon but recently we are seeing more courts require a day or two of jail.

The Motor Vehicle Division assesses 3 points for a conviction — the same point value as civil speeding. If you do not have an Arizona license, ADOT can still create a driving record for you, assign the points, and share that information with your home state. Each state applies that information under its own rules.

Do I have to go to court?

The date on the citation is the arraignment date. If you hire us, we can usually handle the arraignment and most pretrial conferences without you. A few courts insist the defendant appear, but that is the exception.

If you live out of state, we can often get your presence waived or arrange a phone or video appearance. We represent a lot of drivers who never come back to Arizona. If the case is set for trial, you will almost certainly need to be there in person.

What does the court process look like?

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.  your or your attorney appear and enter a plea. For a contested case that plea is “not guilty”.

2. Pretrial Conferences

A Pretrial conferences are meetings with the prosecutor to exchange information and see whether the case can be resolved without a trial.

3. Discovery

Discovery just means information gathering. We request the evidence: the officer’s report, body-worn or dash camera video, radar or lidar calibrations and certification, and AVL / GPS data, from the patrol vehicle when speed is mesured by pace.

4. Negotiation

Negotiation can include a written deviation request asking the prosecutor to reduce the charge.

5. Resolution

A plea agreement and a change of plea hearing, a dismissal, or a trial.

Can a criminal speeding ticket be reduced to a civil ticket?

Often that is the realistic goal if dismissal or defensive driving school is not available. Two things move a prosecutor: problems in the State’s case, and a defendant who looks like someone who deserves a break and a seconde chance.

Legal issues we look at:

  • Was the radar/lidar unit properly calibrated, and was the officer certified on that unit?
  • If the speed was paced, is there AVL / GPS data available from the officer’s vehicle?
  • Did the officer lose visual contact after measuring the speed?
  • Does the court actually have jurisdiction?
  • Is the officer available to testify?

Other facts that matter:

Your driving history. How you handled the stop. Community service, work, school, military service, and whether Veteran’s Court is an option. The alleged speed itself. A first ticket at 90 in a 65 is a different conversation than 140 in a 65.

No attorney can promise a reduction. The point of hiring one is that someone who does this work every week gives you the best chance of getting the outcome you want.

Can I take defensive driving school?

For a civil speeding ticket, you can just choose to take defensive driving school to get the civil charge dismissed as long as you are eligible. For criminal speeding, defensive driving school is available at teh discretion of the judge. This means the judge can allow it, but doesn’t have to. Every judge has a different policy on defensive driving school. Some never allow it, some have a cutoff of some particular speed or so many mph over the limit. Others are unpredictable. Sometimes, defensive driving school can be incorporated into a plea agreement with a prosecutor.

Can a criminal speeding conviction be expunged?

Arizona only permits expungement in limited circumstances. Criminal speeding is not one of those circumstances.

Although expungement is not possible, setting aside the conviction is possible. See our page about setting aside convictions for more details.

Arizona now has a pathway to “seal” the records related to a criminal speeding conviction. This is not the same as an expungement, but it comes close. You can read more about sealing of criminal records here.

Will this affect my job or my immigration status?

For most jobs, a single criminal speeding conviction is an explanation, not an barrier to getting where you want to be. Background checks, security clearances, and professional licenses are the settings where it comes up. For some commercial drivers it can end the job. Read your employer’s policy and talk to us about the actual charge before you assume either extreme.

Immigration: maybe. Criminal speeding is not a crime involving moral turpitude and it does not involve drugs, alcohol, guns, or violence. We have had clients finish the citizenship process with this conviction on their record. Immigration rules move with administrations though. Get an answer from an immigration lawyer based on your specific facts. Do not rely on a blog post, including this one.

Does it matter that this is my first ticket?

Yes. A clean record helps. Recent prior tickets make prosecutors and judges less flexible. Speed on the citation matters more than people want to hear. A first ticket plus a moderate overage is a better starting point than first ticket plus a number that looks like a chase.

Case Results

Outcomes depend on the court, the facts, and the file. These are examples from our cases, not a prediction of yours.

 

DISMISSED

Excessive Speed

100 in a 75 mph zone

Ironwood Justice Court

Dismissed.

REDUCED

Excessive Speed

105 in a 75 mph zone

Encanto Justice Court

Reduced to civil speeding.

DISMISSED

Excessive Speed

70 in a 45 mph zone

Scottsdale City Court

Dismissed.

REDUCED

Excessive Speed

71 in a 35 mph zone

Surprise City Court

Reduced to civil speeding.

REDUCED

Excessive Speed

95 in a 75 mph zone

Mayer Justice Court

Reduced to civil speeding.

How we handle these cases

Traffic Law Guys is a criminal traffic defense firm. We have appeared in more than 160 Arizona courts. Combined, the lawyers here have 28 years of experience and have finished more than 2,000 cases. Consultations are with an attorney. Fees are flat, quoted up front, not billed by the hour.

David Enevoldsen, Partner

What I like most about being a criminal defense attorney is getting my client’s charges dismissed at trial. Driving on the beautiful Arizona highways is a close second.

Chris Rike, Partner

I love being a criminal traffic defense attorney because it marries two of my favorite things: cars and fighting for the rights of drivers.

Get a free consultation

Call 480-626-5415 or send the ticket. Tell us the court, the statute on the citation, the alleged speed, and whether you live in Arizona.

Criminal speeding FAQs

Is 20 mph over the limit a crime in Arizona?

Exactly 20 over is not the same as more than 20 over. More than 20 mph over the posted limit is the trigger for a criminal charge under A.R.S. § 28-701.02.  

Is 85 mph automatically criminal speeding in Arizona?

Not under the current text of A.R.S. § 28-701.02. The old statute did have language that made 85 mph a hard cutoff regardless of the posted speed limit. The current statute removed that language, and focusses on speeds more than 20 mph over the posted speed limit. 85 mph on a 75 mph highway is 10 over, which is not the trigger. 96 on that same highway is.

How many points is criminal speeding in Arizona?

Three points, the same number of points as civil speeding. The criminal record is the part civil speeding does not have. 

Can I just pay the criminal speeding ticket?

No, not in the way you can just pay a civil speeding ticket without showing up in court. With a criminal ticket, you must appear in court, even if you just want to pay the ticket and not contest it. Talk to an attorney before you just try to pay the ticket.

Do I need a lawyer for a first-offense criminal ticket?

You are not required to have one, but you are required to appear in court. An attorney can be worthwhile if you don’t want to go through the process alone, or where there is a legal argument to be made, or  it is first offense with a moderate speed, or in a case that is a borderline case (high speed, but no so high that it is unlikely that any attorney is going to change the outcome).

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