Time To Take Care Of Your Ticket

Penalties For Criminal Traffic Violations

Criminal Record And Fines

Consequences for criminal traffic tickets in Arizona vary widely. If one cannot avoid a conviction, then at a minimum there will be a criminal conviction. A criminal conviction means that the driver now has a criminal record that will need to be disclosed in certain circumstances such as applying for some jobs or professional licenses. Any conviction will almost certainly involve the payment fines.

Jail And Probation

Any criminal traffic conviction carries the potential for additional consequences such as jail time and probation. Some charges, such as a DUI or a second conviction for reckless driving, require mandatory jail time. Jail time is not common, but we are seeing it more and more as cities and counties crack down on driving violations.

License Suspensions And Classes

Some charges such as reckless driving or racing make it possible for the court to suspend the defendants driving privileges. Some judges will impose a requirement to take traffic survival school or complete a driver responsibility class.

Collateral Consequences

And then there are what we call collateral consequences. These are consequences that result from a conviction but that are not directly imposed by the court.

Collateral consequences include any MVD action such as points, a requirement to take traffic survival school, driver license suspensions, or an SR22 requirement.

Increased insurance costs, or even difficulty in obtaining insurance, can be collateral consquences too.

For some defendants, especially those with a CDL or who drive as part of their work, losing their job could be a severe collateral consequence. For CDL holders, there could be CSA points that impact their employer.

Your Problem Solvers

Can I fight a criminal traffic ticket in court without a lawyer?

Sure, you could. And there are couple situations where we might even recommend that. But generally speaking, most drivers will be better off with an attorney. Your criminal traffic defense lawyer should be intimately familiar with the laws, court rules and procedures, and the prosecuting agencies. A lawyer has a good idea what approaches work, and what approaches don’t work. One of the biggest benefits a lawyer can bring is that they are not the defendant. In our experience, prosecuting attorneys are much more likely to engage in negotiation with an attorney than with the defendant. The dynamic is different. This may not be fair, but it is true.

What are the potential penalties for a criminal speeding ticket in Arizona?

A conviction for criminal speeding will at a minimum come with fines of several hundred dollars and 3 points on the defendant’s Arizona driving record. Jail time is also possible when the speeds get very high, such as in the triple digits or double the speed limit. If there is jail, it is usually 1 or 2 days. Probation is also possible. Some courts will require the completion of a driving class such as defensive driving school or a driver responsibility course. A license suspension is not possible unless the defendant already has a substantial nunber of points on their driving record.

Will a criminal traffic offense affect my driving record or insurance rates?

Yes. Any criminal traffic conviction for a charge under title 28 of the Arizona Revised Statutes will reported to the motor vehicle division of ADOT, and ADOT will note that conviction on your driving history. When that violation shows up on your driving record, your insurance company will find out about it. Some charges, like a DUI or reckless driving, will definitely impact your insurance rates negatively. Whether a less serious moving violations like a speeding ticket affects your insurance will likely depend on your driving history and your particular carrier. Other charges that are not moving violations, like a fictitious plate charge, may not impact your insurance at all.

How long will a criminal offense stay on my record?

Once a violation makes its way to your driving record, there is no way to remove it.. For criminal background records (maintained by the Department of Public Safety in Arizona), a criminal conviction will remain on your record until you take steps to remove it. Arizona now has a process to seal criminal records which for most people goes a long way towards removing a criminal conviction from their background.

Can a lawyer get my criminal traffic ticket dismissed or reduced?

A lawyer cannot promise to get a ticket dismissed or reduced, but a lawyer will give you the best shot at accomplishing that. Our office offers free consultations to discuss the facts and what might be possible in a criminal traffic case. If we think improving on the ticket is unlikely, we tell people that. When we’re done with a case, we want to look back and know that we didn’t leave any opportunities on the table. We look at everything that might help us accomplish our client’s goal.

What happens if I ignore my criminal traffic ticket?

What usually happens if you ignore a criminal traffic ticket or otherwise fail to appear in court is this: The court will say you failed to appear. Then the court will issue a bench warrant for your arrest. The Arizona Department of Transportation will then suspened your driving privileges in Arizona, which may bleed out to other states. The court may also add an another criminal charge to your case for failing to appear. The criminal case will remain open until you are either arrested or voluntarily appear to deal with it.

Can I get a criminal speeding ticket in a speed trap or unfair enforcement area dismissed?

Maybe. In a strictly legal sense, arguing that you were the victim of a speed trap is not going to be successful at a trial. However, it may be a negotiating point when talking to a prosecuting attorney and trying to work out a deal.

What should I do if I’ve been wrongly charged with a criminal traffic offense?

Fight the ticket!! We see unfair tickets all the time. Unfortunately, the defendant almost never has any legal recourse when a police officer writes an unjustified ticket. The defendant is left to sort things out, sometimes at significant cost and inconvenience. If there is any positive part to these unfair tickets, it’s that we are often able to get a good outcome and avoid the criminal conviction for our clients.

Common Criminal Traffic Offenses In Arizona

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