Arizona Criminal Speeding Ticket Lawyer

Does an Excessive Speed Conviction Result in a Criminal Record?

Yes, and it is permanent. In Arizona, a criminal speed conviction is not eligible for “expungement”. This means you will always have a criminal record that is accessible to employers, agencies, schools, and institutions.

What MVD Penalties Are Assigned with Arizona Criminal Speeding Tickets?

With each moving violation, Arizona’s Motor Vehicle Division, MVD, assesses points against your driver’s license. If you accumulate enough points, your license to drive in Arizona will be suspended. Excessive speed is a criminal charge, and if convicted, carries 3 MVD points that attach to your driving record. Once an individual accumulates 8 points in any 12-month period, they can 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. 18 to 23 points, an additional 6 months and 24 points, an additional 12-month suspension.

You can 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

A criminal arraignment court date will be written on the speeding ticket. That arraignment date is where you will plead guilty to the charges or not guilty/responsible. The arraignment leads to a pretrial conference hearing where you will be presented the evidence against you and the plea offer from the Prosecutor. 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 criminal ticket will remain on your record forever. Arizona does not have expungement laws, like other states, to help erase a mistake from your record. This charge could affect a future job, loan or application process.

When Can A 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?

Yes, but the ability to take driving school lies solely in 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 judge must be convinced it is appropriate in your case. An attorney can be helpful in writing a custom motion and making oral arguments for the ability to take defensive driving.

Am I Eligible For Defensive Driving School After A Criminal Speeding Ticket?

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.
Will my car insurance payments go up for an excessive speed conviction?

If your insurance company receives notification of the conviction your monthly payment will likely go up, as the risk to insure you also increases. One way a company may find out about your conviction is when the insurance company requests at random a 5-year driving record from the MVD. This may reveal your arrest and conviction of this offense.

Can I Take Driving School If Charged With Criminal Speeding?

This is a great option, if the Judge or Prosecutor allows it. If the Defense attorney can convince the Prosecutor to offer driving school or if the Judge allows it, an individual in Arizona charged with criminal excessive speed can complete the course and in return have the case dismissed. Once the case is dismissed, the driver will not receive points on their record, their insurance will not increase in cost, 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. 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 Arizona for criminal speed must be dealt with in Arizona or it may result in tough consequences in your home state. Most states have an agreement between themselves stating 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.