Frequently Asked Questions About Criminal Speeding in Arizona
While most drivers in Arizona know speeding can result in a ticket and fine, many don’t realize that speeding can also be charged as a criminal offense. In certain circumstances, such as speeding in a school zone, the driver could be charged with criminal speeding and face potential jail time. Learn more about this crime by reading these frequently asked questions.
What Is Arizona’s Criminal Speeding Law?
“Criminal speeding” is defined in Arizona Revised Statute (ARS) § 28-701.02 as a person traveling at an excessive speed, explained to mean any of the following:
- Traveling more than 35 miles per hour (mph) when approaching or in a school zone.
- Exceeding the posted speed limit by more than 20 mph in a business or residential area.
- Exceeding 45 mph in a business or residential area that does not have a posted speed limit.
- Exceeding the posted speed limit by more than 20 mph in all other locations.
It can also be considered criminal speeding if a driver exceeds 85 mph at any time, even if this is less than 20 mph higher than the posted speed limit (e.g., on an interstate with a speed limit of 75 mph).
What Is the Difference Between Criminal and Civil Speeding in Arizona?
ARS § 28-701 is the state law prohibiting general speeding. This law requires all motor vehicle drivers to maintain a speed that is “reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing.” A driver in Arizona may be issued a regular speeding ticket for driving too fast for conditions or exceeding a posted speed limit.
A standard speeding offense is a traffic violation, not a crime. It is typically penalized with a speeding ticket and fine that is based on how much the driver exceeded the speed limit. The price of this fine typically starts at $250. If a driver is guilty of criminal speeding, he or she could face a fine of at least $500, plus possible jail time, probation, community service and three driver’s license points.
Can You Go to Jail for Criminal Speeding in Arizona?
Yes, it is possible to receive a jail sentence for a criminal speeding conviction in Arizona. While this crime is typically classified as a class 3 misdemeanor – the least severe type – it could still result in a jail sentence of up to 30 days. However, jail time is rare for a first-offense criminal speeding case unless it involves aggravating factors, such as road rage, drag racing or driving under the influence.
What Should You Do if You Get a Criminal Speeding Ticket in Arizona?
If you are facing charges for excessive and criminal speeding in Arizona, you should contact an attorney as soon as possible. This offense can have significant consequences, including a permanent criminal record. If you hire a lawyer, he or she may be able to prevent your case from going to court by negotiating with the prosecution and reaching a plea bargain for reduced charges or penalties.
What Are the Steps Involved in a Criminal Speeding Case?
If you are charged with criminal speeding in Arizona, you must make an initial court appearance to enter a plea of guilty, not guilty or no contest. If you hire an attorney, however, your lawyer can potentially make arrangements with the court ahead of your hearing at pretrial conferences to prevent a trial.
During a criminal speeding bench trial in Arizona, your case will be heard before a judge. The State may present evidence and witnesses against you (such as the arresting police officer), who can then be cross-examined by your attorney. Your defense lawyer will work hard to come to a satisfactory plea agreement or have your case dismissed entirely.
Who Can I Call for Help With a Criminal Speeding Case in Scottsdale, AZ?
For more information about a criminal speeding case in Scottsdale or anywhere in Arizona, contact Corso Law Group for a free consultation at (480) 471-4616. We can immediately go to work on your case to minimize the impact of a criminal speeding charge on your life and future.
