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When Is Speeding a Criminal Offense in Arizona?

When Is Speeding a Criminal Offense in Arizona?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Not every speeding ticket in Arizona stays a civil citation — cross certain thresholds and it becomes a criminal charge — here’s where that line is, and how it’s defended.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Speeding into Trouble: Navigating Arizona’s Criminal Speeding Laws

Criminal speeding is a serious offense in Arizona, carrying significant legal consequences. Unlike a typical speeding ticket, criminal speeding is classified as a criminal misdemeanor, which can result in a permanent criminal record. If you find yourself facing a criminal speeding charge, it’s crucial to understand the specifics of the law, the penalties involved, and how to protect your rights.

What Constitutes Criminal Speeding in Arizona?

Under Arizona Revised Statutes (A.R.S.) §28-701.02, criminal speeding occurs when a driver exceeds certain speed thresholds:

  1. Exceeding 85 mph: Driving at a speed greater than 85 miles per hour on any road.
  2. Exceeding 35 mph in a School Zone: Driving at a speed greater than 35 miles per hour in a school zone.
  3. Exceeding 20 mph Over the Posted Speed Limit: Driving at a speed more than 20 miles per hour over the posted speed limit in a residential or business district.

Each of these violations is considered a Class 3 misdemeanor, which can have severe repercussions on your driving record, employment opportunities, and overall quality of life.

Penalties for Criminal Speeding

The penalties for criminal speeding in Arizona can be substantial and may include:

  • Fines: A criminal speeding conviction can result in fines up to $500, not including additional surcharges and court costs.
  • License Points: A conviction adds 3 points to your driving record, which can lead to increased insurance premiums and potential license suspension if you accumulate too many points.
  • Possible Jail Time: While rare, a judge may impose a jail sentence of up to 30 days for a criminal speeding offense.
  • Probation: The court may place you on probation, requiring regular check-ins with a probation officer and compliance with specific conditions set by the court.
  • Permanent Criminal Record: A conviction will result in a permanent criminal record, which can affect your employment opportunities, ability to secure housing, and more.

Defenses Against Criminal Speeding Charges

If you are charged with criminal speeding, it is essential to seek legal representation to explore possible defenses. Some common defenses include:

  • Questioning the Speed Measurement: Challenging the accuracy of the speed measurement device used by law enforcement, such as radar or LIDAR.
  • Necessity: Arguing that the speeding was necessary to avoid a greater harm or emergency situation.
  • Mistake of Fact: Demonstrating that you were unaware of the speed limit due to missing or obscured signage.
  • Procedural Errors: Highlighting any procedural errors made by the arresting officer, such as failing to calibrate the speed measurement device properly.

The Importance of Legal Representation

Navigating a criminal speeding charge without legal assistance can be daunting and risky. An experienced attorney can help by:

  • Evaluating Your Case: Assessing the evidence against you and identifying potential weaknesses in the prosecution’s case.
  • Negotiating Plea Deals: Working with prosecutors to potentially reduce the charge to a civil speeding violation, which carries lesser penalties.
  • Defending You in Court: Representing you in court and presenting a robust defense to achieve the best possible outcome.

Why Choose Tamou Law Group PLLC?

At Tamou Law Group PLLC, we understand the serious nature of criminal speeding charges and the impact they can have on your life. Our experienced legal team is dedicated to providing personalized and effective representation to protect your rights and interests. We will work tirelessly to explore all possible defenses and ensure you receive the best possible outcome for your case.If you or a loved one is facing criminal speeding charges, don’t hesitate to reach out for professional legal assistance. Contact Tamou Law Group PLLC at 623-321-4699 for a consultation. Let us help you navigate this challenging situation with the experience and care you deserve.

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Common Questions

Frequently Asked Questions

Is criminal speeding a felony or a misdemeanor in Arizona?

Criminal speeding is a class 3 misdemeanor in Arizona under A.R.S. 28-701.02, not a felony, but it is still a criminal charge rather than a civil ticket. A conviction creates a permanent criminal record and carries fines, three license points, and possible jail time.

What speed counts as criminal speeding in Arizona?

In Arizona you commit criminal speeding by driving over 85 mph anywhere, over 35 mph in a school zone, or more than 20 mph above the posted limit in a business or residential district. Any of these violations is charged as a class 3 misdemeanor under A.R.S. 28-701.02.

Can you go to jail for criminal speeding in Arizona?

Yes, a judge can sentence you to up to 30 days in jail for criminal speeding in Arizona, although jail is rare for a first offense. Courts may instead impose fines up to $500 plus surcharges, probation, and defensive driving or other conditions.

How much does a criminal speeding ticket cost in Arizona?

A criminal speeding conviction in Arizona carries a base fine of up to $500, and state surcharges and court fees can nearly double that amount. The bigger long-term costs are often the three license points and years of increased insurance premiums that follow a conviction.

How many points does criminal speeding add to your license in Arizona?

Criminal speeding adds three points to your Arizona driving record. If you accumulate eight or more points within twelve months, the MVD can suspend your license or require Traffic Survival School, and insurers typically raise premiums once the criminal conviction and points appear on your record.

Can criminal speeding be reduced to a civil violation in Arizona?

Yes, an attorney can often negotiate a criminal speeding charge down to a civil speeding violation, which avoids a criminal record, jail exposure, and probation. Reductions are most likely when there are problems with radar or LIDAR calibration, obscured signage, or other weaknesses in the state’s evidence.

How long does criminal speeding stay on your record in Arizona?

A criminal speeding conviction stays on your Arizona criminal record permanently, since Arizona does not offer true expungement for most convictions. You may later petition the court to set aside the conviction, but without that relief it can appear on employment and housing background checks indefinitely.

Do I need a lawyer to fight a criminal speeding charge in Arizona?

Hiring a lawyer is strongly recommended because criminal speeding is a misdemeanor that can leave a permanent record, not just a ticket you pay. Tamou Law Group defends criminal speeding charges in Phoenix and Scottsdale and can fight for a dismissal or civil reduction. Call 623-321-4699, 24/7.

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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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