Understand Criminal Speed in Arizona
In Arizona, exceeding the speed limit isn't always just a minor civil infraction handled with a simple fine. Under specific circumstances defined by state law (Arizona Revised Statutes § 28-701.02), speeding escalates to a criminal offense – specifically, a Class 3 Misdemeanor. This distinction is crucial, as criminal speeding in Arizona carries far more significant consequences than a standard speeding ticket and requires navigating the criminal court system.
What Constitutes Criminal Speeding?
You can be charged with criminal speeding in Arizona if you do any of the following:
Exceed 35 miles per hour when approaching a school crossing.
Exceed the posted speed limit by more than 20 miles per hour in a business or residential district. (If no speed limit is posted in such a district, exceeding 45 miles per hour).
Exceed the posted speed limit by more than 20 miles per hour in other locations.
It is vital to understand that a citation for criminal speeding in Arizona is not a ticket you can simply pay online or by mail. It's a criminal charge requiring a mandatory court appearance.
Penalties and Consequences for Criminal Speeding
As a Class 3 Misdemeanor, the potential penalties for a criminal speeding conviction in Arizona are substantial and go far beyond those of a civil speeding ticket:
Jail Time: While not always imposed, especially for first-time offenders with moderate speeds, a judge can sentence you to up to a maximum of 30 days in jail. The likelihood increases with excessive speeds, poor driving records, or specific jurisdictions.
Fines: Maximum fines can reach $500, but mandatory state surcharges can easily double this amount, leading to total costs approaching or exceeding $1,000.
Probation: While rare, a judge may impose up to 1 year of probation, which involves conditions you must follow.
Points on Driving Record: A conviction results in 3 points being assessed against your Arizona driving record by the Motor Vehicle Division (MVD).
Traffic Survival School (TSS): Accumulating 8 or more points within any 12-month period triggers a requirement from the MVD to attend Traffic Survival School. Failure to complete this mandatory 8-hour course will result in the suspension of your driving privilege for up to 90 days. Note that TSS is distinct from the defensive driving school option often available to dismiss civil traffic tickets.
License Suspension: Beyond the TSS requirement, accumulating too many points can lead directly to license suspension (e.g., 12 points in 12 months).
Increased Insurance Rates: A misdemeanor conviction for speeding is a red flag for insurance companies, almost certainly leading to higher premiums for several years.
Permanent Criminal Record: Unlike civil traffic tickets that eventually fall off your MVD record, a misdemeanor conviction remains on your criminal record permanently in Arizona. While procedures exist to potentially "set aside" or "seal" a conviction after completing the sentence, it is not automatic expungement.
Other Impacts: A criminal record can negatively affect current or future employment opportunities (especially for commercial drivers or those requiring background checks), professional licensing, security clearances, and even immigration status.
The Importance of Legal Representation
Given the gravity and lasting impact of a criminal speeding conviction in Arizona, hiring an attorney experienced in Arizona traffic law is highly advisable. An attorney provides crucial assistance:
Legal Expertise: They possess a deep understanding of ARS § 28-701.02, local court procedures, rules of evidence, and potential defenses specific to speeding cases.
Defense Strategies: A skilled attorney analyzes the details of your stop to build an effective defense. This may involve:
Challenging Speed Measurement: Questioning the accuracy and calibration records of radar, lidar, or pacing methods used by the officer.
Verifying Location: Confirming if the area was properly designated and signed as a school, business, or residential zone, as required by the specific charge.
Examining the Stop: Assessing if the officer had a legitimate reason (reasonable suspicion) to stop you in the first place.
Presenting Mitigating Factors: Arguing factors like a clean driving record or issues with vehicle equipment (e.g., inaccurate speedometer, though this can be complex).
Negotiation: An attorney can negotiate with the prosecutor, potentially seeking a dismissal or a reduction of the charge to a civil traffic offense (which avoids the criminal conviction). While a judge cannot unilaterally reduce the charge, a prosecutor may agree to amend it as part of a plea agreement.
Representation in Court: Your attorney can often appear in court on your behalf for preliminary hearings, saving you time and stress. If the case proceeds, they will represent you, cross-examine the citing officer, present evidence, and make legal arguments to achieve the best possible outcome.
Guidance Through the Process: The criminal justice system is complex. An attorney ensures you understand your rights, the proceedings, potential outcomes, and options at every stage.
Conclusion
Criminal speeding in Arizona is a serious Class 3 Misdemeanor with consequences that extend far beyond a simple fine. It creates a permanent criminal record and can impact your freedom, finances, insurance rates, and future opportunities. If you are facing allegations of criminal speeding, engaging experienced legal counsel early is essential. An attorney can protect your rights, explore all possible defenses, navigate the complexities of the court system, and work diligently towards mitigating the potentially life-altering impact of a conviction.
