If you’ve ever driven on an Arizona highway and pushed the speedometer a little too far, you might be surprised to learn that speeding in this state can land you in criminal court not just traffic court. Criminal speeding Arizona is a real legal charge, and it catches thousands of drivers off guard every single year. Unlike most states where speeding is just a ticket you pay and forget, Arizona takes excessive speed very seriously under state law.
The state of Arizona has a specific law Arizona Revised Statute (ARS) § 28-701.02 that turns certain speeding violations into actual criminal offenses. This isn’t just a fancy traffic fine. It’s a Class 3 misdemeanor, which means it goes on your permanent criminal record. That’s the same kind of record that shows up in background checks when you apply for a job, a loan, or even an apartment.
This complete guide will walk you through everything you need to know about criminal speeding Arizona, what it is, when it applies, what the penalties are, how it affects your life, and most importantly, what you can do if you’re facing this charge. Whether you’re a local driver or just passing through the Grand Canyon State, this information could save your record, your license, and your wallet.
What Is Criminal Speeding Arizona?
Criminal speeding Arizona is not the same as a regular speeding ticket. A normal speeding ticket is a civil infraction you pay a fine, maybe take a driving course, and life goes on. But criminal speeding is a criminal offense that requires you to appear in court. It stays on your permanent record and can affect many areas of your life long after you’ve paid the fine.
Under Arizona law (A.R.S. § 28-701.02), criminal speeding is also called “excessive speeding.” The law is very specific about when this charge applies.
When Does Speeding Become Criminal in Arizona?
There are three specific situations where a speeding violation becomes a criminal charge in Arizona:
| Situation | Speed Threshold | Location |
|---|---|---|
| School Zone Violation | Over 35 mph | When approaching a school crossing |
| Business/Residential District | More than 20 mph over the limit (or over 45 mph if no limit is posted) | Business or residential area |
| Any Other Location | More than 20 mph over the posted limit (or exceeding 85 mph) | Highway or other road |
Breaking It Down Simply:
- School Zone: If you’re driving faster than 35 mph when approaching a school crossing, you can be charged even if school is not in session.
- Business or Residential Area: If the speed limit is 35 mph and you’re going 56 mph or faster, that’s criminal speeding. If no limit is posted in these areas, going over 45 mph qualifies.
- Highways and Other Roads: If the posted speed limit is 65 mph and you’re going 86 mph or more, you’ve crossed into criminal territory. In fact, driving over 85 mph anywhere in Arizona can lead to a criminal speeding charge.
Real Example: Imagine you’re on the I-10 driving 87 mph in a 65 mph zone. That’s 22 mph over the limit — and it qualifies as criminal speeding in Arizona under ARS 28-701.02.
Where Does Criminal Speeding Fit in Arizona’s Legal System?
A lot of people panic when they hear the word “criminal.” They immediately think of felonies, prison time, and ruined lives. But it helps to understand exactly where criminal speeding Arizona sits on the legal scale because it’s actually at the lowest end of the criminal spectrum.
Here’s how Arizona organizes its offenses from least to most serious:
| Level | Type | Examples | Criminal Record? |
|---|---|---|---|
| 1 (Lowest) | Civil Traffic Violation | Running a red light, minor speeding | No |
| 2 | Class 3 Misdemeanor | Criminal speeding | Yes |
| 3 | Class 2 Misdemeanor | Reckless driving, leaving the scene | Yes |
| 4 | Class 1 Misdemeanor | DUI, domestic violence | Yes |
| 5 | Class 6 Felony | Aggravated assault (minor) | Yes |
| 6 (Highest) | Class 1 Felony | Murder, serious violent crimes | Yes |
So criminal speeding is a Class 3 misdemeanor the lowest level of criminal offense in Arizona. It sits just one step above a civil traffic ticket. This means:
- You are not going to prison
- You are not facing a felony charge
- But it is still a real crime with a real criminal record
Think of it this way: the person sitting next to you in the courtroom waiting area might be charged with a DUI (Class 1) or reckless driving (Class 2). Your criminal speeding charge (Class 3) is legally less serious than both but it still carries real consequences that shouldn’t be ignored.
Criminal Speeding vs. Civil Speeding: What’s the Difference?
This is one of the most important things to understand. A lot of people assume their speeding ticket is just a ticket. But criminal speeding Arizona is a completely different matter.
| Feature | Civil Speeding | Criminal Speeding |
|---|---|---|
| Type of Offense | Traffic infraction | Class 3 misdemeanor |
| Court Appearance | Usually not required | Required |
| Criminal Record | No | Yes permanent |
| Fine | Varies | Up to $500 + surcharges |
| Jail Time | None | Up to 30 days |
| Probation | None | Up to 1 year |
| Points on License | 3 points | 3 points |
| Defensive Driving School | Available automatically | Only at judge’s discretion |
The key difference is that criminal speeding creates a permanent criminal record. You can’t simply pay the fine and make it disappear like a regular ticket.
Penalties for Criminal Speeding Arizona
So what exactly happens if you’re convicted of criminal speeding Arizona? Here’s what the law allows judges to impose:
Financial Penalties
- A fine of up to $500, plus an $80 surcharge (maximum total: $580)
- Additional court fees and assessments
License and Driving Penalties
- 3 points added to your Arizona driver’s license
- If you accumulate 8 points within 12 months, you’ll be required to attend traffic school
- If you accumulate 12 points within 12 months, your license can be suspended
Criminal Penalties
- Up to 30 days in jail (rare for first-time offenders)
- Up to 1 year of probation
- A permanent Class 3 misdemeanor on your criminal record
Other Consequences
- Higher auto insurance rates (sometimes significantly)
- Mandatory traffic school if the judge orders it
- Possible commercial driver’s license (CDL) suspension for truck and bus drivers
- Possible loss of security clearance for federal employees
- Impact on job applications, since the conviction appears on background checks
Important Note: Jail time is uncommon for first-time offenders in criminal speeding Arizona cases. Most judges save jail for repeat offenders or for drivers who were also charged with DUI, reckless driving, or drag racing at the same time.
Does Criminal Speeding Stay on Your Record Forever?
Yes, and this is one of the most serious parts of criminal speeding Arizona. Arizona does not have an expungement law like many other states. You cannot simply seal or erase a misdemeanor conviction.
The only option available is called a “Set Aside.” After you complete your full sentence including all jail time, probation, and fines you can file a petition to have the conviction set aside. This doesn’t erase the record, but it can reduce some of its long-term effects. All Arizona criminal convictions, including criminal speeding, are reported to:
- The Arizona Department of Public Safety Criminal Records Division
- The FBI’s National Criminal Information Center (NCIC)
This means the conviction is permanent, public, and can show up on background checks run by employers, landlords, or licensing boards.
How Criminal Speeding Affects Different People
Out-of-State Visitors
Arizona’s criminal speeding laws shock many visitors. Most other states treat speeding purely as a civil matter. But in Arizona, going 86 mph on a highway or 46 mph in a residential neighborhood crosses into criminal territory. You don’t need to be a resident for this law to apply to you.
If you live out of state, you can hire an Arizona criminal defense attorney to appear in court on your behalf. In most cases, your physical presence is not required for pretrial hearings.
Commercial Drivers
Truck drivers and bus drivers face especially serious consequences for criminal speeding Arizona charges. A misdemeanor conviction can lead to a suspension or revocation of their CDL which means losing their livelihood.
Federal Employees
Workers who hold security clearances may find that a criminal speeding conviction puts their clearance at risk. While it won’t always result in revocation, it must be disclosed and may trigger a review.
Repeat Offenders
If you’ve had a prior criminal speeding charge, the consequences get more serious the second time around. Judges are more likely to impose jail time or stricter probation terms on repeat offenders.
What Happens After You’re Pulled Over for Criminal Speeding?
When an officer cites you for criminal speeding Arizona, the process is different from a regular traffic stop.
Here’s what typically happens:
- The officer issues a criminal traffic complaint not just a standard ticket.
- You’re usually cited and released (not arrested), with a date to appear in court.
- The citation will list a hearing date this is mandatory. Missing court can result in a warrant for your arrest.
- You appear in court and enter a plea: guilty, no contest, or not guilty.
- If you plead not guilty, the case moves forward to hearings or trial.
What to Do Right Away: As soon as possible after being cited, write down everything the exact location, the speed the officer stated, the weather, where the officer was positioned, and what speed detection method they used (radar, laser, or pacing). If you have a dashcam, save that footage immediately.
The Court Process for Criminal Speeding Arizona: Step by Step
If you’ve received a criminal speeding citation in Arizona, you’ll go through a formal court process. Here’s what to expect:
Step 1: You Receive a Criminal Citation
The officer will issue a ticket. If it’s marked as “criminal,” you’ve been formally charged under A.R.S. § 28-701.02.
Step 2: Your Court Date Is Set
A mandatory court date will be printed on the citation. Missing this date can lead to a bench warrant.
Step 3: Arraignment (First Court Appearance)
At your first court appearance, you’ll plead:
- Guilty – Accepting the charge
- No Contest – Not admitting guilt
- Not Guilty – Denying the charge, case moves forward
Step 4: Pretrial Conference
Your attorney will meet with the prosecutor to discuss evidence and possible outcomes, including reducing the charge to civil speeding. You don’t need to attend if you have an attorney.
Step 5: Plea Negotiation or Dismissal
Possible outcomes include:
- Charge reduction to civil speeding
- Dismissal after Defensive Driving School
- Case dismissal due to legal issues with evidence
Step 6: Trial
If no agreement is reached, a trial (bench or jury) will occur. The state must prove your speed beyond a reasonable doubt.
Step 7: Sentencing
If convicted, you may face:
- Fines (up to $580)
- Probation (up to 1 year)
- Traffic school
- 3 points on your license
- A permanent Class 3 misdemeanor record
Tip: Contacting an attorney early gives you more options, such as negotiating a reduction or attending Defensive Driving School.
Your Options When Facing a Criminal Speeding Charge
If you’ve been charged with criminal speeding Arizona, you have several paths forward:
1. Plead Guilty
You admit the charge, pay the fine, and accept the criminal conviction on your record. This is the simplest option but the most damaging long-term.
2. Plead No Contest (Nolo Contendere)
You don’t admit guilt but don’t fight the charge either. The outcome is similar to a guilty plea, though it may carry some benefits in certain legal situations.
3. Plead Not Guilty and Fight It
You challenge the charge in court. This gives you the best shot at keeping your record clean, but it requires preparation and usually a defense attorney.
4. Seek a Reduction to Civil Speeding
This is often the best outcome. If a prosecutor or judge agrees, your criminal speeding charge can be reduced to a civil speeding infraction. This means no criminal record, and you may become eligible for Defensive Driving School.
5. Defensive Driving School (Diversion Program)
In some cases, a judge may allow you to complete an approved Defensive Driving School course. If you finish it successfully, the criminal case is dismissed and no points are added to your license. However, this is not automatic it’s at the judge’s discretion and is only available once every 12 months per eligible violation.
Common Defenses Against Criminal Speeding Arizona
A good defense attorney will look for weaknesses in the state’s case. Here are the most common defenses used in criminal speeding Arizona cases:
1. Questioning the Speed Measurement Device
Officers use radar, lidar (laser), aircraft, or pacing to measure vehicle speed. Each method must follow strict procedures:
- Calibration records must be kept and up to date
- The officer must be properly trained to use the device
- Environmental conditions (traffic density, weather) can affect accuracy
- If the calibration logs are missing or outdated, the speed reading may be challenged
2. Location and Signage Issues
Criminal speeding Arizona charges depend heavily on where you were driving. If the area wasn’t properly classified as a school zone, residential district, or business district or if speed limit signs weren’t clearly visible that’s a valid defense.
3. Identification of the Driver
In heavy traffic, at night, or using photo enforcement equipment, it’s not always clear which car was speeding. If the officer cannot positively identify the driver, the case may be dismissed.
4. Constitutional Violations
If the traffic stop itself was illegal if the officer had no valid reason to pull you over any evidence gathered during that stop may be thrown out.
5. Insufficient Evidence
The prosecution must prove you were speeding beyond a reasonable doubt. This is a high standard. If the evidence is thin, your attorney can argue the case should be dismissed.
6. Emergency Situations
In rare cases, if you were speeding due to a genuine emergency (for example, rushing someone to the hospital), this may serve as a defense or mitigating factor.
What to Do If You’re Stopped for Criminal Speeding Arizona
Follow these steps carefully to protect yourself:
- Stay calm. Don’t panic or argue with the officer.
- Do not admit to speeding. Anything you say can be used against you in court. Politely decline to discuss how fast you were going.
- Be respectful. Aggression or disrespect will not help your case.
- Take note of details. After the stop, write down the time, location, weather, road conditions, and the officer’s position.
- Save any dashcam footage immediately many dashcams overwrite old footage.
- Read the citation carefully. Look for whether it’s labeled as a civil or criminal violation, and note the court date.
- Contact a defense attorney before your court date.
Should You Hire an Attorney for Criminal Speeding Arizona?
This is a genuinely important question. For some people, handling a criminal speeding case without a lawyer might seem fine. But here’s the reality:
Reasons to Hire an Attorney:
- A conviction is permanent and cannot be expunged
- An attorney can often negotiate a reduction to civil speeding which means no criminal record
- Lawyers know which judges allow Defensive Driving School and which don’t
- They can challenge evidence you wouldn’t know how to question
- They can appear in court on your behalf, so you may not need to take time off work
- For out-of-state drivers, an attorney can handle the case without you returning to Arizona
When You Might Not Need One:
- The charge is a very minor case with no aggravating factors
- You’re eligible for Defensive Driving School and the court is likely to grant it
- You’re comfortable with a guilty plea and the resulting record
In most situations, hiring an experienced criminal speeding Arizona defense attorney is worth it especially if you have a job that involves driving, require security clearance, or want to keep your record clean.
Key Takeaways
- Criminal speeding Arizona is a Class 3 misdemeanor under A.R.S. § 28-701.02
- It applies when you exceed the speed limit by more than 20 mph, go over 85 mph anywhere, or exceed 35 mph near a school crossing
- Penalties include fines up to $580, up to 30 days in jail, up to 1 year probation, and 3 license points
- The conviction is permanent, Arizona has no expungement law
- You can fight the charge by questioning radar accuracy, signage, location classification, or evidence quality
- A good attorney may be able to get the charge reduced to civil speeding or dismissed via Defensive Driving School
- Always take this charge seriously it’s not just a ticket
Final Thoughts
Criminal speeding Arizona is one of those laws that surprises people who’ve never driven through the state before. In most places, speeding is a simple ticket. In Arizona, the wrong speed in the wrong place can follow you for life. The permanent criminal record, the potential insurance hikes, the impact on your job these are real consequences that go far beyond a fine.
The good news is that criminal speeding charges in Arizona are defensible. Speed measurement devices aren’t always accurate. Signs aren’t always clearly posted. And prosecutors are sometimes willing to negotiate. With the right legal help and the right information, many drivers are able to walk away with a reduced charge or a dismissed case.
If you or someone you know is facing a criminal speeding Arizona charge, don’t treat it like a regular ticket. Take it seriously, understand your rights, and consider speaking with a qualified Arizona criminal defense attorney before your court date.
Criminal Speeding Arizona FAQs
1. Is criminal speeding a felony in Arizona?
No. Criminal speeding Arizona is a Class 3 misdemeanor, not a felony. It’s one of the less serious criminal charges, but it’s still a real criminal conviction.
2. How many mph over the limit is criminal speeding in Arizona?
It depends on the location. In most areas, more than 20 mph over the posted limit qualifies. On any road in Arizona, going over 85 mph can also result in a criminal speeding charge.
3. Can criminal speeding be removed from your record in Arizona?
Arizona does not allow expungement. The only option is a “Set Aside” petition after completing your full sentence. This doesn’t erase the conviction but can reduce its impact.
4. Will I go to jail for criminal speeding in Arizona?
Jail time is possible (up to 30 days) but rare for first-time offenders. It’s more common when other charges like DUI or reckless driving are involved.
5. Can I attend Defensive Driving School for criminal speeding?
Yes, but only if the judge allows it. It’s not automatic like it is for civil speeding tickets. A defense attorney can help petition the court for this option.
6. Does criminal speeding affect my car insurance?
Yes. A misdemeanor conviction for criminal speeding can cause your insurance rates to increase significantly, as it signals higher risk to insurers.
7. What happens if I miss my court date for criminal speeding?
Missing your court date can result in a bench warrant being issued for your arrest. Always appear in court on the scheduled date.
8. Can an out-of-state driver be charged with criminal speeding in Arizona?
Absolutely. Arizona’s criminal speeding law applies to all drivers on Arizona roads, regardless of where they live.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws may change, and individual cases vary. Always consult a licensed Arizona attorney for advice specific to your situation.
