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What does criminal speeding actually mean in Arizona?
Speeding in Arizona becomes a crime when you break A.R.S. 28-701.02: going over 35 mph near a school crossing, more than 20 mph over the posted limit, or over 45 mph where none is posted. That is a class 3 misdemeanor, not a civil ticket.
Most speeding tickets in Arizona are civil. You pay a fine, take a point or two, and move on. Criminal speeding is different. It is a misdemeanor crime, the same category of offense as shoplifting or a first DUI, and a conviction leaves a permanent mark that shows up on background checks. If the officer handed you a complaint with a court date instead of a simple fine amount, there is a good chance you are looking at criminal speeding, and it is worth understanding exactly what that means before you do anything.
This guide breaks down when a speeding ticket crosses the line into a crime under Arizona law, what a conviction really costs, and the realistic ways these cases get reduced back to a civil violation or dismissed in Maricopa County. If your stop involved alcohol as well, the stakes climb further, and our page on DUI charges in Arizona covers that side.
Arizona splits speeding into two separate laws. Ordinary speeding lives in A.R.S. 28-701, the reasonable and prudent statute that sets the familiar posted limits, 15 mph near a school crossing, 25 mph in a business or residential district, and 65 mph in other locations. A violation of 28-701 is a civil traffic matter. It is not a crime, and it does not give you a criminal record.
Criminal speeding is its own statute, A.R.S. 28-701.02, titled excessive speeds. When your speed clears one of the thresholds in that statute, the same conduct stops being a civil ticket and becomes a class 3 misdemeanor. The distinction is not about how the officer feels or how fast the road looks. It is a bright line set by specific numbers, and everything about how your case is handled, from the courtroom to the record it leaves, flows from which side of that line you were on.
What speeds make it criminal versus a civil ticket?
There are three ways to trigger criminal speeding under A.R.S. 28-701.02. Any one of them is enough. You do not have to be weaving through traffic or driving dangerously in the officer’s opinion. If your speed hits one of these numbers, the statute treats it as a class 3 misdemeanor.
Criminal Speeding Thresholds in Arizona
Triggers under A.R.S. 28-701.02 (excessive speeds). Anything below these lines is generally a civil speeding violation under A.R.S. 28-701.
On a 65 mph freeway, the criminal line is 86 mph, more than 20 over the posted limit. On a 40 mph city road, it is 61 mph. The threshold moves with the posted limit, so read the sign, not just the speedometer.
Is criminal speeding a felony in Arizona?
No. Criminal speeding under A.R.S. 28-701.02 is a class 3 misdemeanor, the lowest level of criminal offense in Arizona. It is not a felony, and speeding alone will not become a felony no matter how high the number climbs. That is the good news. The catch is that a class 3 misdemeanor is still a crime, and it still carries a maximum of up to 30 days in jail, a fine of up to 500 dollars plus surcharges, and up to one year of probation.
Speed can lead to felony exposure, but only when it is paired with something else, such as causing a serious injury or a death, or fleeing from police. On its own, going fast is a misdemeanor. To understand where misdemeanors sit in the larger picture, our overview of a class 1 misdemeanor in Arizona shows how the misdemeanor classes stack, and our criminal defense page explains how we approach these cases.
Why a criminal speeding conviction is a real criminal record
This is the part drivers underestimate. A civil speeding ticket is a driving-record matter. A criminal speeding conviction is a criminal-record matter, and the two are not the same. Once you are convicted of the misdemeanor, it can appear on the background checks that employers, landlords, and licensing boards run. People applying for jobs, professional licenses, or immigration benefits are the ones who feel this most, because a criminal conviction on a background report raises questions a civil ticket never would.
On top of the criminal record, a conviction carries the ordinary consequences of a serious ticket. The Motor Vehicle Division assigns points to your license for excessive speeding, and enough points in a short window can trigger a suspension or a mandatory Traffic Survival School order. Your insurance carrier can treat a criminal speeding conviction far more harshly than a minor civil ticket when your policy renews. And because it is a conviction, it does not simply fall off, which is why some drivers later look into whether they can clear a criminal record in Arizona through a set-aside.
How criminal speeding pairs with reckless driving
Criminal speeding rarely travels alone at the very high end. When the speed is extreme, or when the driving looked aggressive, officers frequently add a reckless driving charge under Arizona law. Reckless driving is also a misdemeanor, but it is a step up in seriousness, and stacking the two changes the tenor of the case. Two misdemeanor counts create more leverage for the prosecutor and more exposure for you.
The good news is that these charges are often negotiated together. A defense that undercuts the reliability of the speed reading can weaken both counts at once, because the speed is usually the backbone of the reckless allegation too. When we evaluate a criminal speeding case that also carries reckless driving, the first question is whether the state can actually prove the number it is relying on, since so much of the rest of the case is built on top of it.
What are realistic Maricopa County outcomes?
Here is the encouraging reality: a criminal speeding charge is not the same as a criminal speeding conviction, and many of these cases in Maricopa County do not end in one. Because the offense is a class 3 misdemeanor and often a driver’s first contact with the criminal system, there is frequently room to resolve it in a way that avoids a criminal record.
The most common favorable result is a reduction from the criminal charge under 28-701.02 down to a civil speeding violation under 28-701. That single step changes everything: the crime disappears, the criminal record never forms, and what remains is an ordinary ticket. Other cases are dismissed outright when the evidence is weak, and some resolve through a plea to a lesser or non-criminal outcome. The specific path depends on your driving history, the road, the speed, and how solid the state’s proof is. No lawyer can promise a particular result, but the leverage to reach one usually comes from pressing on the evidence rather than accepting the charge as written.
Defensive driving school is worth a word here, because drivers often ask about it. In Arizona, the diversion program that wipes a ticket is generally available for civil violations, not for criminal misdemeanors. That is another reason the reduction to a civil charge matters so much: it can reopen options that a criminal conviction closes off.
What defenses work against criminal speeding?
Because the charge lives or dies on a number, the defense usually starts with the number. If the state cannot reliably prove your exact speed, it cannot prove you crossed the criminal threshold, and the class 3 misdemeanor can fall away. Common angles include:
- Radar and lidar calibration. Speed-measuring devices have to be properly calibrated and maintained, and the operator has to be trained and certified. Missing calibration logs or lapsed certifications can undermine the reading.
- Pacing errors. When an officer estimates your speed by following you, the accuracy depends on the officer’s own speedometer, the distance, and how steadily the gap was held. Pacing is far more challengeable than a clean device reading.
- Speed versus the flow of traffic. Being clocked while surrounded by traffic moving at the same pace raises real questions about whether the device captured your vehicle rather than another, and about the reasonableness of singling you out.
- Necessity or emergency. In narrow situations, speeding to avoid a genuine, immediate danger can support a defense that the conduct was justified.
- The wrong threshold. Criminal speeding depends on the correct posted limit and location. If the true limit was higher than the officer assumed, or the location was misclassified, the criminal line may never have been crossed at all.
Every case is different, and the right defense depends on the facts of your stop and the quality of the state’s evidence. The point is that these cases are contestable, and a criminal speeding ticket is not a foregone conclusion.
Why you should not just pay the ticket
The single most costly mistake with criminal speeding is treating it like a civil ticket and quietly paying or pleading to make it disappear. It does not disappear. Because it is a misdemeanor, resolving it that way is a criminal conviction, and it is the version of events that goes on your record and your background checks. What felt like the fast, painless option becomes the one thing you cannot easily undo.
Paying also throws away the leverage that could have kept a crime off your record entirely. The reductions and dismissals described above happen because someone challenged the charge, not because the driver accepted it. Before you do anything with a criminal speeding citation, it is worth having the case looked at, so you understand whether the state can actually prove it and what a better outcome might look like. You can reach our team through the criminal defense page or by phone.
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Frequently Asked Questions
How much does a criminal speeding lawyer cost in Arizona?
Fees vary by the attorney and the complexity of your case, and many criminal speeding matters are handled for a flat fee. Because the goal is usually a reduction to a civil ticket that keeps a crime off your record, the cost is often modest compared to the long-term value of avoiding a conviction.
Can I take defensive driving school for a criminal speeding ticket?
Generally no. In Arizona the defensive driving diversion program applies to civil traffic violations, not criminal misdemeanors like excessive speeding. If your lawyer gets the charge reduced from criminal to a civil violation, that step can reopen options such as defensive driving that a criminal conviction would otherwise close off.
Can a criminal speeding conviction be set aside in Arizona?
Often yes. Arizona allows many misdemeanor convictions to be set aside after the sentence is completed, which updates the record to show the case was dismissed. A set-aside helps, but avoiding the conviction in the first place is stronger, so it is worth fighting the charge before accepting it.
Will criminal speeding affect a nursing or other professional license?
It can. Many licensing boards ask about criminal convictions and run background checks, and a criminal speeding misdemeanor can show up where a civil ticket would not. If you hold or are seeking a professional license, keeping the charge from becoming a criminal conviction is especially important to your record.
How many points does criminal speeding put on my license?
The Motor Vehicle Division assigns points for excessive speeding, and accumulating enough points in a twelve-month period can lead to a suspension or a Traffic Survival School requirement. Points attach to the driving record separately from the criminal record, so a conviction can hit you in both places at once.
Do I have to appear in court for a criminal speeding charge?
Usually yes. Because criminal speeding is a misdemeanor rather than a civil ticket, it comes with a court date, and a defendant or their attorney generally must appear. In many cases a lawyer can appear on your behalf and handle the hearings, so you may not have to attend every date yourself.
Will a criminal speeding conviction raise my car insurance?
It can, and often more than a minor ticket. Insurers review your record at renewal, and a criminal speeding conviction can be treated as a serious violation that raises your premium for years. Reducing the charge to a civil violation, or avoiding a conviction, helps limit that insurance impact.
What is the maximum fine for criminal speeding in Arizona?
As a class 3 misdemeanor, criminal speeding carries a fine of up to 500 dollars, plus mandatory state surcharges that raise the real total well above the base amount. The court can also impose up to 30 days in jail and up to one year of probation, though jail is uncommon for a first offense.
Can an out-of-state driver be charged with criminal speeding in Arizona?
Yes. The thresholds in A.R.S. 28-701.02 apply to anyone driving on Arizona roads, regardless of where the license was issued. An out-of-state driver faces the same class 3 misdemeanor, and the conviction can follow you home through interstate reporting, so it is worth addressing rather than ignoring.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
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