Criminal Speeding in Arizona
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.
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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