Gilbert Municipal Criminal Speeding Ticket Attorney

Does an Excessive Speed Conviction in Gilbert Municipal Court Result in a Criminal Record?

Yes, and it is permanent. In Arizona, a criminal speed conviction in the Gilbert Municipal Court is not eligible for “expungement”. If a guilty pleading in entered into, you will always have a criminal record that is accessible to employers, agencies, schools, and institutions.  Gilbert Municipal Court does have a motion called a Set Aside Judgment of Guilt but this does not erase the damage.  The Set Aside, once signed, only verifies that you have completed all terms of the plea that were entered into with the court.  Dove Law Firm can guide you through this process but there are other avenues that should be explored prior to the set aside.

What MVD Penalties Are Assigned with Gilbert Municipal Criminal Speeding Tickets?

Arizona’s Motor Vehicle Division, MVD, will assess points based on moving violations and against your driver’s license. If you accumulate enough points, your license to drive in Arizona will be suspended. An excessive speed charge in Gilbert Municipal Court is a criminal charge, and if convicted, carries 3 MVD points to your driving record. Once an individual accumulates 8 points in any 12-month period, they may face a 3-month license suspension. More points accrued will require a longer suspension. 13 to 17 points within a one-year period requires an additional 3-month suspension.

If a Gilbert Municipal Speeding Ticket is served on you, request a copy of your driving record through the Arizona’s Department of Public Safety website, Service Arizona. To determine the number of points that you have on your license, fill out the MVD’s Driver License Motor Vehicle Record form.

Arraignment Court Date After A Criminal Speeding Ticket in the Gilbert Municipal Court Jurisdiction

Within the ticket issued you will find a criminal arraignment court date, usually near the signature. That arraignment date is where you will plead guilty to the charges or not guilty/responsible. Obviously, nearly everyone pleads not guilty at that hearing. The following court date will be a pre-trial conference hearing where you will be presented the evidence against you and the plea offer. Because criminal speeding is a Class 3 Misdemeanor you can face up to 30 days jail, 1-year probation, and $500 in fines plus surcharges. A Gilbert Municipal Court criminal conviction will remain on your record forever. Unfortunately, Arizona does not have expungement laws, like other states, to help erase a misdemeanor convictions from your record. This charge could possibly affect a future job, loan or application process.

When Can A Gilbert Police Officer Charge You With Excessive Speeding?

Under A.R.S. §28-702.02 excessive speed, otherwise known as criminal speed, outlines the elements required for a police officer to cite you for the offense. A.R.S. §28-702.02 states:

A. A person shall not:

1. Exceed thirty-five miles per hour approaching a school crossing.
2. 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.
3. Exceed eighty-five miles per hour in other locations.

B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.
C. A person charged with a violation of this section may not be issued a civil complaint for a violation of section 28-701 if the civil complaint alleges a violation arising out of the same circumstances.

Can I Attend Defensive Driving School to Avoid a Criminal Speeding Conviction in Gilbert Municipal Court?

The short answer is Yes. However, the ability to take Defensive Driving School is only up to the Judge’s discretion. Those facing a criminal speeding charge are eligible to attend Defensive Driving School pursuant to A.R.S. §28-3392(A)(2); however, the Gilbert Judge must be convinced it is appropriate and allowable in your case.  Dove Law Firm attorneys can file a custom motion and make oral arguments asking the Judge to allow Defensive Driving School in order to earn a dismissal.

Am I Eligible For Defensive Driving School After A Criminal Speeding Ticket in the City of Gilbert Municipal Court?

Yes, so long as you haven’t completed Arizona’s Defensive Driving School within the prior year of the incident date. In addition, you’re not eligible if you hold a commercial driver’s license.

Can I Take Driving School If Charged With Criminal Speeding in Gilbert Municipal Court?

This is a great option, if the Judge or Prosecutor allows it. If the Defense attorney can convince the Gilbert Prosecutor to offer driving school or if the Judge allows it, an individual in Gilbert Municipal Court charged with criminal excessive speed can complete the course and in return have the case dismissed. The driver will not receive any points on their record and no criminal conviction will be entered on their record.

Is Defensive Driving School Offered If The Defendant Lives Out Of State?

Defensive Driving School can be taken online or in a classroom, even if the Defendant lives out of the State of Arizona and out of the jurisdiction of Gilbert Municipal Court. Most classes are taken online due to convenience.

Can I Take A Defensive Driving School Class A Second Time?

You can only take a Defensive Driving School class if you have not taken one in the last year. If it has been longer than a year, you should be eligible.

If I Live In Another State What Happens If I Ignore The Court Dates?

A ticket given out in the Gilbert Municipal Court for criminal speed must be dealt with in the home state of Arizona or it may result in difficult consequences in your home state. States have an agreement between themselves that they will share motor vehicle related offenses with each other. This means that your State will likely learn of this violation and take actions against your license. If this happens, you will need to resolve the matter in Arizona before you are able to get things resolved with the agency that governs motor vehicles in your state.