Arizona Criminal Speeding Lawyers

Founding Principal Owner Christopher P. Corso and top Arizona criminal speeding lawyer is a firm believer that no person should retain a criminal conviction for speeding! It is one of his passions to fight and advocate for individuals charged with Criminal Speeding. As a former supervising prosecutor, he attempted to effectuate change from within, and for over a decade has continued the battle as a traffic violation attorney. He is bound and determined to make a change, one case, and one win at a time.

Many people don’t realize that there is a level of speeding that crosses over from the realm of a civil penalty and into criminal activity. The vast majority of speeding tickets are simple traffic citations, with a fine as punishment for going over the posted speed limit in the area. Occasionally, police impose a far more serious charge – criminal speeding. This crime is a class 3 misdemeanor in Arizona. As soon as police issue this charge against you, call on Corso Law Group. Our criminal defense team can help you in your time of need.

What Is Criminal Speeding in Arizona?

When most people think of getting pulled over for speeding, they imagine going a little too fast when a cop happened to be nearby. This is the norm, and will not result in anything more than a traffic ticket with a fine. Unless you or someone you know has dealt with criminal speeding penalties, you may not have known it was even a possibility. In Arizona, police can charge a driver with criminal speeding, or excessive speeding, if they commit any of the following:

  • Drives faster than 35 miles per hour approaching an active school zone
  • Exceeds the posted speed limit by more than 20 miles per hour
  • Exceeds 45 miles per hour if there is no speed limit sign posted
  • Exceeds 85 miles per hour in all other locations

Driving under these conditions will lead to criminal charges for violation of Arizona Code Section 28-701. This law states that a driver shall not operate a vehicle on a highway at a speed that is greater than is “reasonable and prudent under the circumstances.” The circumstances include the conditions of the road and traffic and any actual or potential hazards existing at the time. A driver must control the speed of his or her vehicle as necessary to avoid collisions with other vehicles, people and objects in compliance with legal requirements and the general duty to exercise reasonable care in the protection of others.

2021 Motor Vehicle Crashes Caused by Speeding in Arizona

The Arizona Department of Transportation Systems Management and Operations compiles traffic data yearly to come up with a thorough documentation of the most current information compiled from the Arizona Traffic Crash Reports. According to the 2021 Motor Vehicle Crash Facts Report, speed-related crashes were behind an estimated 19,554 injuries and 359 deaths in Arizona. There were a total of 36,508 speeding violations reported, of which 35,673 drivers were going too fast for conditions and 835 were exceeding the lawful speed.

2016 Speeding Motor Vehicle Crashes Facts for the State of Arizona Pie Chart

Source: The Arizona Department of Transportation Transportation Systems Management and Operations

Intent to Speed Does Not Need to Be Proven

Whether intentional or not, police will issue a citation for criminal speeding. Unlike in many other criminal cases, they do not need to prove intent – they must only show that you were driving at one of the above-mentioned speeds and conditions. Police dash cameras can serve as proof of your excessive speed. Once a court convicts you of criminal speeding, you could face a wide range of legal ramifications, from a simple fine to incarceration.

Penalties for Criminal Speeding

Speeding may not seem like such a serious crime, especially if no one gets hurt. After all, many drivers have gone faster than 85 miles per hour on Arizona’s major highways, especially when the posted speed limit is 80 miles per hour, as is the case in some areas. In that instance, it is very easy to inch up to 85 miles per hour. However, law enforcement takes excessive speeding very seriously. 

 A conviction can lead to a $500 fine, an 83% surcharge, up to 30 days in jail, one-year probation, three points on your driver’s license, increased insurance rates and getting your vehicle towed. Arrests for excessive speeding happen. Having a prior criminal record can lead to jail time or other consequences after a citation for criminal speeding. It is important to note that defensive driving school is not available unless it is negotiated with the judge. Corso Law Group has negotiated defensive driving school in thousands of cases. 

Potential Defenses to Criminal Speeding Charges

If you are facing charges or have been arrested for criminal speeding in Arizona, it is critical to contact a defense attorney as soon as possible. Our criminal defense lawyers at Corso Law Group can immediately step in to protect your rights. We will aggressively negotiate to have your charges reduced or – if possible – dismissed entirely. While we never guarantee results, we do promise to represent you with a personalized defense strategy to achieve the best possible case outcome.

Potential defense options against criminal speeding charges include:

  • Speeding out of necessity
  • Lack of evidence
  • Inaccurate radar gun reading
  • No posted speed limit
  • Incorrect vehicle speedometer calibration
  • No probable cause to conduct the traffic stop
  • Civil rights violations
  • Police misconduct

Our attorneys can base your defense on factors such as the evidence that the prosecution has against you, your prior criminal record or arrest history, the circumstances of the alleged crime, and your goals for the case. We will advise and guide you through every step of the legal process, including making necessary court appearances on your behalf. We are here to help if you are facing serious potential penalties in a case of criminal speeding.

Recent Law Change in Arizona – Criminal Speeding Records Can Now Be Expunged

In the past, criminal speeding was a crime that would remain on a driver’s criminal record forever, with no option available for setting the record aside or having it expunged. Removal of this type of conviction used to be impossible, making it difficult for many defendants to find work, especially at jobs that require employees to drive. In addition, having a prior criminal record could increase the individual’s sentence for any subsequent criminal convictions in the future.

Thanks to a new Arizona state law that went into effect in January 2023, many people can now expunge and seal their criminal speeding records. Expungement means your criminal record will be erased, as if the crime never happened. Sealing the record means it will be removed from public view. Employers, landlords, the general public and even the courts will be unable to see an expunged or sealed criminal speeding conviction or arrest, although law enforcement may be able to view it in specific circumstances. 

Having your record expunged could give you a second chance. It protects you from having to carry the conviction on your record forever. If you have been convicted of criminal speeding in the past, consult with our attorneys at Corso Law Group to discuss the possibility of record expungement or sealing under Arizona’s new laws. We can help you determine your eligibility for this offer and take the necessary steps toward clearing your record and getting a fresh start.

Don’t Face Excessive Speeding Charges Alone

The state of Arizona makes it impossible for a driver to expunge a criminal speeding record. That means it’s part of public record forever. A conviction for excessive speeding can make it difficult to find work, especially at jobs that require employees to drive. Having a prior criminal record can lead to jail time or other consequences after a citation for criminal speeding. The best way to safeguard yourself if you are facing charges for criminal speeding or excessive speeding is to retain an Arizona criminal speeding lawyer in Arizona from Corso Law Group. Schedule a consultation with us to hear our professional advice regarding your specific situation in Arizona. Our team of experienced lawyers will be able to help you mitigate the charges and reduce your penalties.

Award Logo
Award Logo
Award Logo
Award Logo
Award Logo