Arizona Criminal Speeding Laws
Criminal speeding is an offense that is taken seriously by Arizona lawmakers due to the high potential for harmful automobile accidents. Understanding Arizona’s criminal speeding law, including the possible consequences and legal defense tactics our Arizona criminal speeding attorney may use, can help you minimize the consequences you face if you have been arrested or ticketed for criminal speeding.
If you have been charged for criminal speeding, schedule your free case evaluation with our attorney at Corso Law Group to discuss your legal options today.
What Is Arizona’s Criminal Speeding Law?
Criminal speeding means to operate a motor vehicle at a high rate of speed compared to the posted speed limit or what is reasonably safe and prudent based on traffic and weather conditions.
Arizona Revised Statutes (ARS) § 28-701.02 lists three ways in which an individual could face criminal speeding charges:
A person shall not:
- Exceed thirty-five miles per hour approaching a school crossing.
- Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.
- Exceed the posted speed limit by more than twenty miles per hour in other locations.
“Other locations” under this statute can refer to state highways, county roads, the interstate, and municipal locations where the speed limit is 40 mph or more.
Civil vs. Criminal Speeding in Arizona
Arizona’s typical speeding law makes it a moving violation to drive at a speed that is “greater than is reasonable and prudent” (ARS § 28-701). Criminal speeding is not the same as a regular speeding ticket in Arizona. It is a convictable offense with potential criminal consequences – including jail time – rather than a simple traffic ticket. This is why it is imperative to consult with a defense attorney in Phoenix if you are facing criminal speeding charges.
Consequences for Criminal Speeding in Arizona
Violating Arizona’s excessive speeds law is a class 3 misdemeanor. This is a more significant infraction than a civil speeding ticket. Criminal speeding can result in many serious penalties, including:
- Up to 30 days in jail
- Fines of up to $500, plus surcharges
- Up to one year of probation
- Higher insurance premiums
- Permanent criminal record
In addition, criminal speeding places three points on the driver’s license. This could result in driver’s license suspension if it pushes the driver over the limit of 12 points in 12 months. At 8 points in 12 months, the driver must go to mandatory traffic school.
What to Do if You Face Charges for Criminal Speeding in Arizona
If you are stopped by the police and arrested or detained in Phoenix for allegedly speeding, seek guidance and representation from a criminal defense attorney at Corso Law Group right away. We can review your situation, explain your legal rights and start planning your personalized defense strategy.
Our criminal speeding lawyer in Arizona may be able to have your criminal speeding charges reduced or dismissed with a suitable defense, such as:
- Insufficient evidence, or not enough to meet the burden of proof (beyond a reasonable doubt).
- No crime committed, or you were not speeding enough to make it a criminal charge.
- Issues with the evidence collected, such as inaccurate speedometer or radar readings.
- Constitutional violations or police misconduct, leading to inadmissible evidence.
Several defenses could be available to you when faced with charges of criminal speeding in Arizona. It’s important not to speak to the police before consulting with an Arizona criminal speeding attorney. Use your right to remain silent and your right to hire an attorney to protect yourself as much as possible. Then, contact Corso Law Group for a free initial case review.
