What Should You Do If You Get a Criminal Speeding Ticket In Arizona

Criminal speeding in Arizona means driving more than 20 mph over the posted speed limit, faster than 35 mph approaching a school crossing, or faster than 45 mph on an unposted business or residential street. Under A.R.S. § 28-701.02, it is a class 3 misdemeanor, not a civil ticket. That means a court date, possible jail, and a criminal record if you’re convicted.

Here’s the quick version:

• Don’t just pay it. A criminal speeding ticket usually requires you to appear in court.
• The maximum penalty is 30 days in jail, a $500 fine plus surcharges, and up to one year of probation.
• A judge may allow defensive driving school, which leads to dismissal and, for most drivers, keeps the ticket off your driving record.
• Arizona no longer has a fixed 85 mph criminal speeding threshold. The rule now turns on how far over the posted limit you were.
• A conviction can later be set aside or sealed, but it’s better to avoid one in the first place.

What Counts as Criminal Speeding in Arizona?

Arizona’s criminal speeding statute sets three thresholds. Crossing any one of them turns an ordinary speeding ticket into a criminal charge.

Where You’re Driving	Criminal Speeding Threshold	Example
Approaching a school crossing	Over 35 mph	36 mph near a school crossing
Business or residential district	More than 20 mph over the posted limit	46 mph in a 25 mph zone
Business or residential district with no posted limit	Over 45 mph	46 mph on an unposted neighborhood street
Any other road, including highways	More than 20 mph over the posted limit	86 mph in a 65 mph zone, or 96 mph in a 75 mph zone

What Happened to the 85 MPH Rule?

Many older articles, including the earlier version of this post, say that driving over 85 mph anywhere is criminal speeding. The current statute no longer contains that threshold. On a 75 mph freeway, 86 mph is not criminal speeding and is usually a civil speeding violation, while 96 mph is criminal speeding.

Civil vs. Criminal Speeding in Arizona

Most speeding tickets are civil traffic violations under A.R.S. § 28-701. Criminal speeding is different in almost every way that matters. An officer also can’t give you both a civil and a criminal speeding ticket for the same incident (A.R.S. § 28-701.02(C)).

	Civil Speeding	Criminal Speeding
Type of offense	Civil traffic violation	Class 3 misdemeanor
Can you just pay it?	Usually yes	No. You generally must appear in court.
Jail possible?	No	Up to 30 days
Criminal record?	No	Yes, if convicted
Defensive driving school	Available if you’re eligible	Only if the judge allows it

Penalties for Criminal Speeding in Arizona

Because criminal speeding is a class 3 misdemeanor, the maximum penalties come from Arizona’s general sentencing laws:

• Jail: up to 30 days (A.R.S. § 13-707).
• Fine: up to $500 (A.R.S. § 13-802), plus state surcharges that add substantially to the total.
• Probation: up to one year (A.R.S. § 13-902).

These are maximums, not automatic sentences. The judge decides within those limits, often looking at how fast you were going, where it happened, and your driving history.

Points on Your Driving Record

The Arizona MVD assigns 3 points for speeding. If you reach 8 or more points within 12 months, you may be ordered to attend Traffic Survival School, or your driving privilege may be suspended.

Commercial Drivers and Out-of-State Drivers

For commercial driver’s license (CDL) holders, federal rules treat speeding 15 mph or more over the limit as a serious traffic violation. Two convictions for serious violations in separate incidents within three years lead to a 60-day CDL disqualification, and three lead to 120 days (49 CFR 383.51). A conviction from your personal vehicle counts toward these periods only if it results in a suspension, revocation, or cancellation of your license.

If you’re licensed in another state, Arizona is part of the Driver License Compact (A.R.S. § 28-1852), so a conviction is reported to your home state, which applies its own rules.

“I decided to choose Dove Law Firm to represent me when I got a criminal speeding ticket and they did not disappoint! Shawn Dove was able to reduce my ticket to civil speeding and traffic school. As of now, traffic school has been completed and my case has been dismissed! Thanks Shawn!”

★★★★★ John Morales, Google review

Client reviews describe individual experiences. Past results do not guarantee a similar outcome in your case.

Can You Take Defensive Driving School for Criminal Speeding?

Sometimes. Under A.R.S. § 28-3392, a court may allow defensive driving school for a criminal speeding citation. The Arizona Supreme Court’s defensive driving program notes that criminal speeding is the only criminal violation that may qualify, and only with the judge’s permission.

If the court allows it and you finish the class, the court dismisses the citation and the MVD doesn’t record it on your driving record (A.R.S. § 28-3394). There are limits:

• You aren’t eligible if fewer than 12 months have passed since the date of the last violation for which you were allowed to attend defensive driving school.
• It isn’t available if the violation caused a death or serious physical injury.
• It can’t be used to dismiss a violation committed while driving a commercial motor vehicle that requires a CDL.

If you hold a CDL, defensive driving generally won’t keep a violation off your driving record, even one from your personal vehicle (A.R.S. § 28-3394.01).

In some cases, a prosecutor may also agree to amend a criminal speeding charge to a civil violation as part of a plea agreement. Nothing guarantees either outcome, which is why it helps to have a lawyer ask.

What to Do After You Get a Criminal Speeding Ticket

1. Don’t just pay it. Criminal traffic citations usually require a court appearance. Mesa Municipal Court, for example, requires misdemeanor traffic defendants to appear at their arraignment, and missing it can lead to a warrant.
2. Read the citation carefully. Note the court, the date and time, and the statute listed. A charge under § 28-701.02 is criminal.
3. Write down what you remember. Include the location, the posted limit, traffic and weather conditions, and how the officer said your speed was measured.
4. Get a copy of your driving record. Your history can affect both the outcome and your eligibility for defensive driving.
5. Talk to a criminal defense lawyer before your arraignment. Early advice gives you the most options, including asking about defensive driving or a reduced charge.

What Happens in Court

A criminal speeding case usually moves through these stages:

• Arraignment: your first court date, where you enter a plea.
• Pretrial conference: your lawyer and the prosecutor discuss the evidence and possible resolutions.
• Resolution or trial: many cases resolve by agreement. If yours goes to trial, it is usually decided by a judge rather than a jury, because Arizona generally doesn’t provide jury trials for petty misdemeanors.
• Sentencing: if you’re convicted, the judge sets the penalties within the legal limits.

Dove Law Firm handles cases in courts across the East Valley, including criminal speeding in Mesa Municipal Court and Chandler Municipal Court.

How Criminal Speeding Charges Can Be Challenged

The prosecution has to prove how fast you were going. Depending on the case, your lawyer may look at:

• The measuring device: which radar or laser device was used, and its calibration and maintenance records.
• The officer’s method: training on the device, distance, angle, and whether the reading could have come from another vehicle.
• Pacing or aircraft timing: how the speed was estimated if no device was used.
• The posted limit: whether the signage and zone, such as a school crossing, matched the charge.

Even when the evidence holds up, your driving history, the reason you were speeding, and the steps you’ve taken since can affect how the prosecutor and judge approach the case.

“…He took care of my case super fast, I am very happy with the outcome of everything. I was charge with criminal speeding, first time and again he helped me with everything and getting the charge dropped. Very professional and patient with all my questions I had. Highly recommend giving him a try.”

★★★★★ Morgan Cintronpuentes, Google review

Does Criminal Speeding Go on Your Record?

Yes. A conviction creates a misdemeanor criminal record, and the violation also appears on your MVD driving record. A criminal record can come up in background checks for jobs, housing, and professional licenses.

A conviction isn’t necessarily permanent, though. You may ask the court to set it aside under A.R.S. § 13-905 after completing your sentence, although MVD consequences still apply. You may also petition to seal the record under A.R.S. § 13-911 two years after you complete the nonmonetary terms of your sentence for a class 3 misdemeanor, as long as all fines, fees, and restitution are paid when you file. Learn more about clearing a misdemeanor record in Arizona.

Is Criminal Speeding a Felony in Arizona?

No. Criminal speeding is a class 3 misdemeanor. But high speed can lead to more serious charges:

• Reckless driving (A.R.S. § 28-693) is a class 2 misdemeanor, and a second offense within 24 months becomes a class 1 misdemeanor with mandatory jail and a license suspension. Read more about reckless driving charges in Arizona.
• Racing or an exhibition of speed (A.R.S. § 28-708) is a class 1 misdemeanor, and a second offense within 24 months is a class 6 felony.

“I highly recommend Shawn Dove to represent anyone who is in need of a criminal defense attorney. He was very thorough and competent and handled my case with the utmost professionalism. I was always kept informed by him and he was always there for me with any questions or concerns I had. He made a very difficult situation a lot easier with Him by my side.”

★★★★★ Daniel Jackson, Google review

Criminal Speeding in Arizona: FAQs

How fast is criminal speeding in Arizona?

More than 20 mph over the posted limit, over 35 mph approaching a school crossing, or over 45 mph on an unposted business or residential street.

Is going 85 mph still criminal speeding in Arizona?

Not by itself. The current statute has no fixed 85 mph threshold. On a 65 mph road, 86 mph is criminal speeding; on a 75 mph freeway, it generally isn’t.

Will I go to jail for criminal speeding in Arizona?

Jail is possible, up to 30 days, but it isn’t automatic. The judge decides based on the facts of the case and your driving record.

Can I pay a criminal speeding ticket online?

Generally no. Criminal traffic citations usually require you to appear in court, and missing your court date can lead to a warrant.

Can a criminal speeding ticket be reduced to civil?

Sometimes. A prosecutor may agree to amend the charge, or a judge may allow defensive driving school, which leads to dismissal. Neither is guaranteed.

Does criminal speeding go on my record?

A conviction goes on both your criminal record and your MVD driving record. It may later be set aside or sealed.

Charged With Criminal Speeding? Talk to Dove Law Firm

A criminal speeding ticket is a criminal case, and how you handle the first court date can shape the result. Attorney Shawn H. Dove represents drivers charged with criminal speeding across Maricopa and Pinal Counties, including Mesa, Chandler, Gilbert, Tempe, Queen Creek, and Apache Junction. Learn more about our Arizona criminal speeding ticket lawyers and our criminal case results.

Dove Law Firm offers flat fees with payment plans available. Call (480) 213-4489 or contact us to schedule your free consultation.

Client reviews describe individual experiences. Past results do not guarantee a similar outcome in your case.