Quick answer: Arizona splits traffic violations into two very different categories. A civil traffic violation, most speeding tickets, red lights, lane violations, is not a crime: you pay a fine and take MVD points. A criminal traffic offense is a misdemeanor or felony, criminal speeding (A.R.S. § 28-701.02), reckless driving (28-693), hit and run (28-661 to 28-663), driving on a suspended license (28-3473), and unlawful flight (28-622.01, a felony), that carries jail exposure and a permanent criminal record, and requires you to appear in court. Most misdemeanor traffic cases are charged in Arizona’s justice courts and municipal courts, and the MVD can act against your license on a separate administrative track no matter what the court does.

Key Takeaways

• Arizona traffic violations are either civil (a fine and MVD points) or criminal (a misdemeanor or felony with jail exposure and a permanent record). A criminal citation requires a court appearance.
• Criminal speeding (A.R.S. § 28-701.02) is a Class 3 misdemeanor; reckless driving (28-693) is a Class 2 misdemeanor; racing and exhibition of speed (28-708) is a Class 1 misdemeanor, and a second within 24 months is a felony.
• Hit and run is graded by the harm: damage-only leaving the scene is a misdemeanor, but an accident with injury or death makes it a felony, up to Class 2.
• Unlawful flight from law enforcement (28-622.01) is a Class 5 felony, even without a high-speed chase.
• The MVD runs a separate track: 8 or more points in 12 months can mean Traffic Survival School or a suspension, regardless of the court outcome.
• Many criminal traffic charges can be negotiated down to a civil violation or resolved through diversion or defensive driving school where eligible, keeping your record clean.
• Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.

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The Civil vs. Criminal Line

Most Arizona traffic violations are civil: you pay a fine, the MVD assesses points, and no crime appears on your record. But Title 28 makes a specific list of driving conduct criminal, misdemeanors and felonies that carry jail or prison exposure, probation, and a permanent criminal record that shows up on background checks. Criminal speeding, reckless driving, aggressive driving, racing, leaving the scene, driving on a suspended license, unlawful flight, and DUI are all crimes. A criminal traffic citation is a criminal complaint, you cannot simply pay it and move on, and failing to appear or pleading guilty by default puts a conviction on your record.

Criminal Speeding, Reckless & Aggressive Driving, A.R.S. §§ 28-701.02, 28-693, 28-695

Criminal speeding (“excessive speed,” 28-701.02) is a Class 3 misdemeanor: exceeding 85 mph anywhere, exceeding the posted limit by more than 20 mph in a business or residential district (or 45 mph where no limit is posted), or exceeding 35 mph approaching a school crossing. Reckless driving (28-693) is driving with reckless disregard for the safety of persons or property, a Class 2 misdemeanor; a second conviction within 24 months becomes a Class 1 misdemeanor with mandatory jail before probation is available and license revocation. Aggressive driving (28-695) requires speeding plus at least two listed violations while creating an immediate hazard, a Class 1 misdemeanor with mandatory Traffic Survival School.

Leaving the Scene (Hit & Run), A.R.S. §§ 28-661 – 28-663

Arizona law requires a driver involved in any accident to stop, give information, and render reasonable aid. Leaving the scene of a damage-only accident (28-662) is a misdemeanor. Leaving the scene of an accident involving injury or death (28-661) is a felony: a Class 5 felony for non-serious injury, a Class 3 felony for serious injury or death, and a Class 2 felony if the driver caused the accident. A conviction under 28-661 also brings license revocation. These cases are frequently built on partial witness accounts and vehicle damage, which is exactly where accident reconstruction matters.

Suspended License & the Felony Traffic Offenses, A.R.S. §§ 28-3473, 28-622.01, 13-1201

Driving on a suspended license (28-3473) is a Class 1 misdemeanor, but the State must prove you knew or should have known of the suspension, and MVD mailing records often cannot carry that burden. Unlawful flight from a law enforcement vehicle (28-622.01) is a Class 5 felony, willfully fleeing a marked, official patrol vehicle, no high-speed chase required. Endangerment (13-1201) is often stacked onto driving cases: a Class 6 felony where the conduct risked imminent death, otherwise a Class 1 misdemeanor.

Where Your Case Is Heard, Justice & Municipal Courts

Misdemeanor traffic cases are prosecuted in Arizona’s justice courts (there are 26 justice court precincts in Maricopa County alone) and in municipal (city) courts; felony traffic cases, unlawful flight and injury hit and run, go to Superior Court. You have the right to counsel in any case where jail is on the table. Jury availability differs by charge: DUI defendants have a jury-trial right, while many criminal traffic misdemeanors, like criminal speeding, are tried to a judge, which changes how the case should be worked up and negotiated. Early involvement of counsel, before arraignment, is when charges are most movable.

The MVD Track Runs Separately

Whatever happens in court, the Arizona MVD acts on its own administrative track. It assigns points for each conviction (8 for DUI, reckless, or aggressive driving; 6 for leaving the scene; 3 for criminal speeding), orders Traffic Survival School, and imposes suspensions and revocations, sometimes automatically on conviction, sometimes after a hearing before an administrative law judge. MVD deadlines are short and separate from your court dates. A complete defense manages both tracks: the criminal case and the license case.

⚠ The Conviction Costs More Than the Sentence

Jail for a first-offense misdemeanor is uncommon, but the conviction itself is what follows you: a permanent criminal record on background checks, MVD points and a possible suspension, years of insurance surcharges, CDL and employment consequences for anyone who drives for work, and immigration exposure for non-citizens. Hit-and-run and unlawful-flight felonies add prison ranges and revocation. That is why the goal in most of these cases is keeping the conviction, not just the jail, off your record.

After reviewing your case, we will explain which defenses apply and the best path forward.

We represent clients in Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, Surprise, Goodyear, Avondale, and throughout Maricopa County, with representation available statewide.

Criminal traffic cases are heard in justice and municipal courts, and our attorneys appear in all 26 Maricopa County justice court precincts as well as the metro city courts. Call 623-321-4699 for a free, confidential consultation, 24/7.

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Prosecutors mix and match these charges, and the label that sticks is often the whole fight. The same driving pattern can be written up as aggressive driving (28-695) or reckless driving (28-693), aggressive driving requires speeding plus two or more listed violations, so it is frequently overfiled and reducible. Criminal speeding is routinely stacked with civil counts, wasting a finite resource, lane usage, following too closely, that give the State room to negotiate. And a driver who simply did not pull over promptly may see felony unlawful flight where the facts show, at most, a civil failure to yield to an emergency vehicle. Whether your case ends as a felony, a misdemeanor, or a civil fine is negotiable, when the proof is tested.

Clients reach us searching in many ways, for a criminal speeding lawyer, a reckless driving attorney, or help with a hit and run or suspended license charge. However you found us, Tamou Law Group defends criminal traffic cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, with representation statewide. Call 623-321-4699 for a free, confidential consultation, 24/7.