Is Criminal Speeding a Crime in Arizona? ARS 28-701.02

Is Criminal Speeding Really a Crime in Arizona?

Yes. Unlike an ordinary speeding ticket, which is a civil traffic violation you can pay and forget, criminal speeding under A.R.S. § 28-701.02 (the statute calls it “excessive speeds”) is a Class 3 misdemeanor — a criminal offense that goes on a criminal record, requires a court appearance, and can technically carry jail time. Many drivers do not learn the difference until they see “criminal” on the citation.

What Speed Triggers a Criminal Charge?

The statute sets three specific triggers. A person commits excessive speeding by exceeding:

• 35 mph approaching a school crossing;
• The posted limit by more than 20 mph in a business or residential district, or 45 mph if no limit is posted there; or
• The posted limit by more than 20 mph anywhere else.

In practice, the “20 over” rule is the one most drivers hit — 86 in a 65, 66 in a 45, or 51 in a 30 are all criminal speeding in Arizona. The statute also provides that a driver charged criminally cannot also be issued a civil speeding complaint arising from the same stop.

What Are the Penalties for Criminal Speeding?

As a Class 3 misdemeanor — Arizona’s lowest criminal class — the maximum penalties under A.R.S. § 13-707 and § 13-802 are 30 days in jail and a $500 fine plus surcharges. Jail is rare for a pure speed case, but the real costs are elsewhere:

• A criminal conviction on your record — visible to employers, landlords, and licensing boards, unlike a civil ticket.
• Points and insurance. A criminal speeding conviction adds MVD points and can raise insurance premiums for years, often costing far more than the fine.
• Professional and immigration exposure. CDL holders, pilots, security-clearance holders, and non-citizens can face consequences well beyond the courtroom.

What Happens in Court?

A criminal speeding citation requires an appearance in the justice or municipal court for the location of the stop — in this area, often a Maricopa County justice court or the Scottsdale or Phoenix city court. The State must prove the speed beyond a reasonable doubt, usually through an officer’s radar, lidar, or pacing evidence. That proof can be challenged: calibration and certification records, the officer’s training, tracking history, and target identification in multi-lane traffic are all recurring weak points.

Can Criminal Speeding Be Reduced or Dismissed?

Often, yes. Depending on the court, the facts, and your record, realistic outcomes include:

• Reduction to a civil speeding violation — the most common negotiated result, keeping your record clean;
• Defensive driving school in eligible cases, resolving the matter without a conviction;
• Dismissal where the speed measurement evidence does not hold up; or
• A plea structured to protect a CDL or professional license where the charge cannot be eliminated.

How Tamou Law Group Defends Criminal Speeding Cases

We start with the evidence: the device, its calibration and certification history, and how the officer acquired your vehicle as the target. Where the measurement is solid, we negotiate, and in most courts a first-offense criminal speeding charge can be reduced to a civil violation or resolved through defensive driving school with no conviction. Where a client holds a CDL or professional license, protecting it drives the whole strategy.

See our Scottsdale traffic offenses lawyer and Scottsdale vehicular crimes lawyer pages, or our overview of Arizona criminal defense. Call 623-321-4699 any time.