Excessive and Criminal Speeding in Arizona
Speeding in Arizona can result in criminal charges in certain circumstances. If a driver is issued a criminal speeding ticket for traveling at excessive speeds, it could lead to fines and even jail time rather than just a speeding ticket. If you are facing criminal speeding charges in Arizona, a Phoenix criminal defense lawyer can help you defend your rights.
What Is Excessive and Criminal Speeding in Arizona?
Driving at “excessive speeds” is criminalized in Arizona. If a driver exceeds certain speeds, he or she can be convicted of a crime and have a permanent criminal record. Arizona Revised Statutes (ARS) § 28-701.02 states that a driver who exceeds any of the following speeds is guilty of a class 3 misdemeanor:
- 35 miles per hour (mph) in a school zone or approaching a school crossing
- 45 mph in a business or residential district if no speed limit is posted
- The posted speed limit by more than 20 mph in a business or residential district
- The posted speed limit by more than 20 mph in other locations
Excessive or criminal speeding is not the same as civil speeding. The former could result in criminal charges and penalties such as jail time. The latter is only a moving violation under ARS § 28-701, which states: “A person shall not drive a vehicle at a speed greater than is reasonable and prudent under the circumstances, conditions, and actual and potential hazards then existing.” A civil violation will likely only result in a speeding ticket.
What Is the Punishment for Excessive and Criminal Speeding in Arizona?
A conviction for excessive and criminal speeding in Arizona could lead to consequences that significantly affect the defendant’s life. This includes:
- Up to 30 days in jail
- $500 in fines, plus additional court fees
- Increased auto insurance costs
- Probation
- Community service
- Three points added to the driver’s license
- Driver’s license suspension
- Mandatory driver’s education course
- A misdemeanor or felony on the driver’s permanent record
If a driver in Arizona accumulates eight or more points on his or her record within one year, he or she must attend traffic school or face license suspension for one year.
Potential Defenses Against Criminal Speeding in Arizona
In Arizona, speeding laws are enforced using several methods to calculate a driver’s speed. Law enforcement officers may rely on visual estimations, radar devices, lidar devices or pacing. If the case proceeds to the criminal courts, a potential defense could be that the officer’s speed calculation was incorrect or inaccurate.
Another potential defense is that an emergency caused the driver to operate at an excessive speed, such as rushing someone to the hospital. It may also be possible to argue a “mistake of fact,” such as that the defendant did not understand the speed limit or the speed measurement device registered an inaccurate reading.
What a Criminal Defense Attorney Can Do for You
The right criminal defense attorney can strengthen your case using evidence that supports your version of events, such as witness statements and GPS data. If you are required to appear in court during your criminal speeding case, your lawyer may be able to appear on your behalf or prepare you for your hearing.
A lawyer will work relentlessly to minimize the impact that a criminal speeding charge has on your life and future. Your attorney may be able to negotiate a plea deal for reduced charges and penalties or even have the case against you dismissed. To discuss a specific speeding case in Phoenix, contact Corso Law Group to request a free consultation.
