There are some initiatives passing through the legislature where that may change, but as it stands right now this is permanent. If you want to learn more, you can check out our page on speed measurement methods. Exceeding 35 miles per hour in a school zone or approaching a school crossing. We most often see jail in city courts like. If your case is resolved without going to trial, you probably wont need to physically return to Arizona. In another post, we discuss potential immigration consequences with immigration attorney Jessica Cadavid. We can flush out that full story and that is how we get to these resolutions. Many people think I cannot possibly go to jail for a criminal speeding ticket. The second approach is to leverage notable details in our clients background, such as work or school achievements, community involvement, volunteer work, commendations, letters of reference, or anything else that tends to show that our client is a peaceful, productive, an law-abiding citizen who should be given a break. We can kind of turn the fire back on them, reminding them that they have the burden of proof.I have talked to many people who call our office and they say:Well, I was going 115. Or,I was doing 112.. For example, traveling 60 miles per hour in a school zone could be a severe enough wrongdoing to lead to jail time. All Rights Reserved Without Prejudice. Typically, a civil speeding ticket will only result in a fine and points against the drivers license. Our practice is limited to criminal defense law and Criminal Speeding is by far the most common offense that we hear about. There is a big difference, however, between civil and criminal speeding tickets in Arizona. Traffic Law GuysI was driving from California to Texas and I got an unfair ticket in Arizona I got pulled over and the officer was not friendly and just did what he thought it's right read moreTraffic Law GuysI was driving from California to Texas and I got an unfair ticket in Arizona I got pulled over and the officer was not friendly and just did what he thought it's right without listening to I take the ticket and called a couple of places they said out of road amounts which are crazy I called the "Traffic Law Guys" and explained my situation they connected me to Gail Lentz I told her my story and she said I could take traffic school and it can get dismissed in this way she sends me an email right away explained all steps I need to take Gail Lentz js the most honest lawyer I meet I recommend this place your in safe hand's for sure in Traffic Law guys. The Arizona legislature has made it a crime to speed in certain instances; those instances are defined in the criminal speed statute. Exceed thirty-five miles per hour approaching a school crossing. Maybe. Most other states do not have criminal speeding. Arrests can happen, but are rare, the firm notes. However, if they are not willing to do that, then we are properly preparing ourselves to go forward with a trial at that point. And so, it creates a little bit of leverage. Whether it was radar, lidar or pacing. According to ARS 28-701.02, criminal speeding is a Class 3 misdemeanor. the penalty for criminal speeding is as follows:. That is how the system works. It occurs all over the state and it affects people who live here as well as people who do not. Criminal Traffic Violations. We are always on the lookout for such details that could result in a dismissal. A jury will listen to the prosecutor and the defendants side of the case, then decide if the evidence is enough to prove the driver guilty of criminal speeding beyond a reasonable doubt. If found guilty of criminal speeding, consequences for the majority of people include: A criminal speeding conviction can also result in collateral consequences including: Technically, the following more severe consequences are possible under the law: Relative to other states, Arizona has some harsh criminal traffic charges. Let us begin preparations for the trial. If after a thorough investigation, we are unable to any information to refute the States allegations, it may make sense to plead to the charge rather than spend the time and resources to go through a trial we will almost certainly lose, and where the consequences will be left to the judge rather than agreed upon in advance. You go over 85 mph anywhere in Arizona, even where the posted speed limit is 75 mph. What you are doing with your life. So, say you are driving on a major interstate traveling at 86 miles per hour in a 75 mile per hour zone. If you have questions about criminal speeding, we have answers. If your case ends up going to trial, you will need to come back to Arizona for the trial. And that is just not the rest of the story. If you're caught going faster than 85 miles per hour anywhere in Arizona, you will likely receive a criminal speeding ticket. In Arizona, speeding citations are classified as one of two categories: civil speeding violations or criminal speeding. Tucson approaches things one way; Flagstaff approaches things another way. Driving over 85mph on highways and freeways. They are extremly professional and helped get rid of my un safe lane change ticket down to defense driving. On average these cases take about three months to resolve. If they refuse to work with us, then we can request that the judge compel them to disclose things to us. I found myself in a situation which would have left me with a misdemeanor criminal traffic ticket. Today we are going to discuss one of the most common offenses that we see as criminal defense lawyers in Scottsdale, AZ: Criminal Speeding in the State of Arizona. A lot of people think they are going to prison and that this is going to be a major issue. We need an outcome. These will be for offenses like running a red light or making an unsafe lane change or following too close or regular civil speeding tickets. So thats kind of the legal side of the case.Now, on the other side is what is called mitigation. Call us today to speak with an intake specialist immediately! Many of the people that we speak with are from out-of-state visiting the Grand Canyon or in town visiting family. If you have an attorney, your attorney can take care of this. Robert believes a vigorous defense is essential to protecting all citizens rights and upholding the traditions embodied by the Bill of Rights. Exceeds the posted speed limit by more than 20 miles per hour. She has got kids. read less. For anyone looking for a traffic law attorney, give these guys a shot. And we just cannot fix it. In Arizona, you can actually be charged with a crime for speeding. The state defines each of the following scenarios as criminal speeding: Driving 36 miles per hour or faster when approaching a school crossing Driving faster than 45 miles per hour in an area with no posted speed limit Exceeding the posted speed limit by 21 miles per hour or more when driving in a residential or business district It is a class 3 misdemeanor. Thank you guys, and a big shoutout to Chris Rike who represented me in person and was all around very nice to work with. Excessive speed is not one of those circumstances. Many motorists have been stopped by a law enforcement official for speeding. The judge would then ask what do you want to do with your case? C. A person who is 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. We have seen both Scottsdale and Paradise Valley issue excessive speed tickets based on speed measurement by a photo enforcement device. If a driver receives a criminal speeding conviction in Arizona, however, the penalties can include: Jail time is only a possibility for a criminal speeding ticket in Arizona if the driver is a repeat traffic offender or if the speeding incident was particularly egregious. Were still working through the details of it all, but glad to have him back.. Typically, they just do not want to go through all of this. We will look at all your paperwork and make sure that we have a plan in place. We understand receiving a criminal speeding ticket can feel scary, confusing, and the unfamiliar process is intimidating. So thats our number one priority, avoiding jail time. Call us at (480) 651-8578 to speak to a criminal attorney for free. Police measure speed several different ways. Under Arizona law, someone convicted of criminal speeding could be sentenced to up to 30 days in jail or one year of probation. In most cases, a speeding ticket is a civil violation. Class 2 would include things like reckless driving or leaving the scene of an accident. The Cardinals issued a brief statement in reaction to the news of Browns arrest. You would need to go to court if your case were going to a trial. Many people are ensnared as they are traveling with the flow of traffic, which is going 90 miles per hour, or even much faster. Full Legal Disclaimers | Privacy Policy | Terms of Use. The short answer is yes. It was a relief and a pleasure to talk with them. They are extremly professional and helped get rid of my un safe lane change ticket down to defense driving. Then we can say look Mr. Prosecutor/Mrs. There will be notes. We ask them to give us a good deal that we can accept and thats how you create that little wedge in there to break certain policies. Because we have appeared in over 140 courts all over Arizona, we are most likely familiar with the particular court your criminal case is in. Some judges in the city of Scottsdale, for example, are accepting of our proposals, other judges are not. And thats kind of across the board in Arizona, whether it is justice courts or city courts.So, this is the general overview. Criminal speeding differs from a civil speeding offense. Criminal traffic tickets are the focus of our firm. Criminal Speeding Charges in Arizona There are three ways to get a ticket for criminal speeding in Arizona: Excessive speed or exceeding 85 miles per hour (28-701.02a3) Exceeding posted speed by 20 miles per hour (28-701.02a2) Exceeding 35 miles per hour near a school zone (28-701.02a1) Penalties for Criminal Speeding in Arizona Arizona licensing operates on a system that adds points, rather than subtracts them. Exceeding 35 mph in a school zone. License suspension (if you have too many points already). Our firm thoroughly investigates every aspect of every case. Arizona's excessive speeding charge is a class 3 misdemeanor that carries permanent penalties and consequences. I encourage you to continue your research.If you do want to speak with us, or if you want to come into our office, we offer free case evaluations. Call 602-697-8761 for a free initial consultation. Additionally, you cannot get this type of violation removed from your record in the state of Arizona. However, some people will call our office after they have pled guilty. Thank you guys, and a big shoutout to Chris Rike who represented me in person and was all around very nice to work with. A civil speeding ticket is only a moving violation, not a crime. People think that they are safe because they are going 10 to 15 miles over the posted speed. What we do need is some negotiation. It is too late at that point. criminal speeding ticket arizona cost, criminal speeding ca, criminal speeding arizona first offense, arizona criminal traffic speeding, criminal speeding ticket arizona, criminal speeding az, arizona speeding laws, arizona criminal speeding law Frustrated by executives boast with almost clean environments will turn off by UNESCO. The majority of minor speeding cases are classified as civil speeding violations. Speeding and failure to obey traffic laws can also result in a serious car crash. What is considered criminal speeding in Arizona? Yes, but you would have to be exceeding the posted speed limit by more than 20 mph. The most common penalty is a fine and a conviction, which is permanently on the persons criminal record under Arizona law. If you are driving more than 20 mph over the posted limit, you can be cited with an excessive speed ticket. discuss potential immigration consequences, Exceed 35 mph in a school zone (28-701.02A1), Exceed the posted speed limit in a business or residential district by more than 20 mph (28-701.02A2), Exceed the posted speed limit by more than 20 mph in other locations (A.R.S. At The Law Office of Karl A. Mueller, PLC, we serve clients in Gilbert, Chandler and Apache Junction, and throughout the East Valley in the Phoenix metropolitan area. Every year, police officers in the State of Arizona give out thousands of speeding tickets. If we cannot achieve defensive driving diversion, obtaining a plea to a civil speeding violation is usually the next best outcome. Robert was born in Arizona and attended Arizona State University and Brophy College Preparatory where he was regional champion and captain of the wrestling team. Therefore, the guy sitting to your right might be charged with a DUI (1) and the gal sitting to your left might be charged with leaving the scene of an accident (2). Some judges will never allow defensive driving diversion, whereas other judges may allow it even if the alleged speed is 100 mph or more. 28-701.02. There are different technologies that can be used to document how fast someone is driving. If you live out of state and do not want to come back to Arizona for your ticket, our attorneys can often appear for you or arrange for you to appear by phone. The goal is to convince the prosecutor that they would be unlikely to prevail at trial, and that offering a civil plea is a better use of resources than taking the matter to trial. We want you to reach your goals and be sure that you have the best options, so you can put this behind you and move forward with your life. In our office we have a very robust onboarding process that we go through with you to really flush out this information so that we can take it to each one of these pretrial conferences and go back and forth and negotiate it. A misdemeanor can impact your ability to obtain certain jobs or schooling, all for driving too fast. Contact The Law Offices of Michelle Bell today to discuss the details of your case. It will usually say on the ticket how the speed was measured. Traffic Law Guys fought for me and had it reduced to a civil suit and a small fine. It is also a frequent cause of auto accidents. However, going to trial is the exception rather than the rule. No such relationship should be considered formed until Traffic Law Guys has agreed to represent you. In Arizona, there's a big difference between speeding and criminal speeding. Therefore, it is going to follow the same procedure as any other misdemeanor.So, your criminal case, once in court, or whosever case you are researching, is going to be processed along with people who have also been charged with misdemeanors. Not surprisingly, criminal speeding carries with it heftier It is called that since this is not a trial. This would include dash cam footage, body cam footage, GPS data and AVL (automatic vehicle location) data. Exceeds 45 miles per hour if there is no speed limit sign posted. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Robert was admitted to the Arizona State Bar in 2013 and the California State Bar in 2015. Huge win! It may be difficult to obtain a non-criminal resolution, but whatever the chances, they will significantly improve with the assistance of an experienced attorney on your side. If so, the driver will receive a criminal conviction and a sentence from a judge. We get a lot of calls about it and one of the major concerns that people have is that they are worried if this is a felony or something like that. Prosecutor, not only was your officer not certified, and they did not do this properly, but our client is a particularly good individual. 5111 N. Scottsdale Road, Suite 275 So, the burden is back on them to prove that number, and by us being aggressive and saying if your officer is claiming that the speed was whatever he says it is, they have got to prove it. Traffic Law Guys fought for me read moreThese guys pulled through for me in a big way. B. We just want to resolve it quickly. This can be very shocking. highly recommend read less, After getting a speeding ticket in Arizona while on vacation, I called to see what my options were with a CDL. What happens when you get a criminal speeding ticket in Arizona? We always advise our clients to consult with an immigration attorney to get a definitive answer to this question. This law states that the following actions committed by a driver meet the definition of excessive speeding, leading to a class 3 misdemeanor: Exceeding 35 miles per hour in a school zone or approaching a school crossing. Excessive (Criminal) Speeding is a class 3 misdemeanor in Arizona. All attorneys identified on this website are admitted only to practice in Arizona. The criminal box is checked and immediately they are wondering why am I being charged with a crime? You cannot expunge it; you cannot set it aside. A person who violates subsection A of this section is guilty of a class 3 misdemeanor. If a driver receives eight or more points within one year, he or she will face license suspension. Ends up going to trial, you can not achieve defensive driving diversion obtaining!, body cam footage, GPS data and AVL ( automatic vehicle location ) data the ticket the! But you would need to go through all of this ) data obtain certain jobs or schooling, for... 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