Arizona has some of the strictest traffic laws in the United States, and criminal speeding is one of the most common violations that drivers face. Unlike civil speeding tickets, criminal speeding is a misdemeanor offense that carries severe consequences. In this blog, we’ll delve into what constitutes criminal speeding in Arizona, the potential penalties, and why hiring an experienced attorney is crucial to protecting your rights and minimizing the impact on your life.
What is Criminal Speeding in Arizona?
Criminal speeding in Arizona is defined under Arizona Revised Statutes (ARS) §28-701.02. It is categorized as a Class 3 misdemeanor, which is a criminal offense. There are three primary circumstances under which a speeding violation is considered criminal in Arizona:
- Exceeding 85 mph anywhere: Regardless of the speed limit, driving at 85 mph or more is classified as criminal speeding.
- Exceeding 35 mph in a school zone: Speed limits in school zones are strictly enforced, and driving more than 35 mph in these areas is a criminal offense.
- Exceeding the posted speed limit by more than 20 mph: If you are driving 20 mph or more above the posted speed limit, it may result in a criminal speeding charge.
It is important to note that criminal speeding charges remain on your criminal record, unlike civil speeding violations that primarily impact your driving record and insurance rates.
Penalties for Criminal Speeding in Arizona
Because criminal speeding is a misdemeanor offense, the penalties can be significant and may include:
- Fines and Court Fees: Depending on the severity of the offense and the jurisdiction, fines can range from a few hundred to over a thousand dollars.
- Criminal Record: A Class 3 misdemeanor conviction will appear on your permanent criminal record, potentially impacting employment opportunities and background checks.
- Points on Your Driving Record: Criminal speeding adds points to your driving record, which could lead to license suspension if you accumulate too many points.
- Probation: In some cases, the court may impose probation as part of the sentence.
- Jail Time: While less common, a conviction for criminal speeding can result in up to 30 days in jail.
How Criminal Speeding Differs from Civil Speeding Tickets
Many drivers are unaware of the difference between civil and criminal speeding violations. Civil speeding tickets are less severe and generally involve monetary fines and points on your driving record. Criminal speeding, however, is treated as a more serious offense because it implies reckless behavior that endangers others on the road.
Defenses Against Criminal Speeding Charges
Facing a criminal speeding charge can be intimidating, but an experienced attorney can explore several defenses to help reduce or dismiss the charges. Common defenses include:
- Challenging the Accuracy of Speed Measurement Devices: Radar guns and speed cameras must be properly calibrated and maintained. If there is any doubt about their accuracy, it could weaken the prosecution’s case.
- Proving Necessity or Emergency: If you were speeding due to an emergency or to avoid harm, your attorney may argue that the circumstances justified your actions.
- Questioning the Officer’s Observations: In some cases, the officer’s interpretation of the situation can be challenged, particularly if there were mitigating factors such as traffic flow or road conditions.
- Negotiating a Lesser Charge: An attorney may negotiate with the prosecutor to reduce the charge to a civil violation, which carries less severe penalties.
Why You Need an Experienced Criminal Traffic Attorney
A criminal speeding charge can have long-lasting consequences, and trying to navigate the legal process on your own is risky. Here’s how a knowledgeable attorney can help:
- Expertise in Traffic Laws: An attorney with experience in Arizona’s traffic laws can identify weaknesses in the prosecution’s case and build a strong defense.
- Negotiation Skills: Skilled lawyers can often negotiate plea deals or alternative sentencing options, such as traffic school, to avoid a criminal conviction.
- Court Representation: If your case goes to trial, having a professional advocate in court can make a significant difference in the outcome.
- Protecting Your Future: A lawyer can work to minimize the impact of a criminal record, helping you maintain employment opportunities and a clean driving record.
The Impact of Criminal Speeding on Insurance Rates
A criminal speeding conviction can also result in higher car insurance premiums. Insurance companies view criminal speeding as a red flag, indicating risky behavior. In some cases, drivers may even face policy cancellations or difficulty obtaining coverage. An attorney can help you fight the charges and potentially avoid these costly repercussions.
Steps to Take If You Are Charged with Criminal Speeding
If you are pulled over and charged with criminal speeding, here are some immediate steps to take:
- Remain Calm and Polite: Cooperate with the officer and avoid arguing or admitting guilt.
- Take Note of the Details: Write down everything you remember about the traffic stop, including the time, location, and conditions.
- Consult an Attorney: Contact a traffic lawyer as soon as possible to discuss your case and begin building a defense.
How Traffic Law Guys Can Help
At Traffic Law Guys, we specialize in defending clients against criminal traffic offenses, including criminal speeding. Our team understands the intricacies of Arizona’s traffic laws and is committed to achieving the best possible outcome for our clients. We offer personalized legal strategies tailored to your unique circumstances.
If you’ve been charged with criminal speeding, don’t wait. Contact us today for a consultation and let us help you protect your rights and your future.
