Criminal Traffic Lawyer in Phoenix, AZ

Civil and criminal traffic charges arrive on the same Arizona Traffic Ticket and Complaint, and Phoenix Municipal Court treats them as two different kinds of case. A civil violation is answered responsible or not responsible, and a hearing officer or judge decides whether the violation is more probable than not. A criminal charge is answered guilty, not guilty or no contest, the defendant is entitled to a trial, and the prosecutor must prove the charge beyond a reasonable doubt. The Maricopa County Justice Courts add a practical rule: if even one count on the ticket is criminal, you have to appear before a judge, whatever the other counts say.

The agency on the ticket sets the courthouse. A Phoenix Police citation for a criminal driving offense is prosecuted by the Office of the Phoenix City Prosecutor and heard at Phoenix Municipal Court, the city's misdemeanor court at 300 W. Washington St. A ticket written by a DPS trooper on a freeway, or by a sheriff's deputy, generally goes to the justice court printed on it, and nine of those sit inside Phoenix. A driving felony, such as unlawful flight, generally goes to the County Attorney and Superior Court instead.

The municipal court publishes its own ceiling. Its pages list the maximum fine, jail and probation for each complaint, and note that some offenses carry statutory minimum sentences. That ceiling is one reason a plea deserves thought.

Suspended license charges turn on one question: why the license was suspended. A.R.S. § 28-3473 makes driving on a suspended, revoked or canceled license a class 1 misdemeanor. If the only suspension came from a failure to appear under § 28-3308, though, A.R.S. § 28-3482 makes the violation civil, and the court may dismiss it once you show your unrestricted privilege has been reinstated. ADOT explains that a court can direct MVD to suspend a license for a missed date or an unpaid fine, and that after you satisfy the court you take its paperwork to an MVD office to apply for reinstatement. Getting that done before your court date can help.

A towed car runs on its own track. Phoenix Police impounds vehicles under A.R.S. § 28-3511, which requires removal and either immobilization or impoundment when the driver's privilege is revoked, generally for 20 days, and gives the owner an opportunity for a post-storage hearing. The department's impound pages explain early release and how to ask for that hearing. Ask quickly, and keep in mind that the hearing is separate from the criminal or traffic case.

Do not assume the court will appoint you a lawyer. Arizona Rule of Criminal Procedure 6.1(b) entitles an indigent defendant to appointed counsel in a proceeding that may result in punishment by loss of liberty. In misdemeanor court, the prosecutor can avow that no jail will be requested and the judge can rule that no jail will be imposed, and once that happens, there is no right to appointed counsel at all. Arizona's Court of Appeals upheld exactly that in Campa v. Fleming, 134 Ariz. 330 (App. 1982), on a class 1 misdemeanor carrying up to six months in jail, for a defendant who was on probation and facing immigration consequences.

Avoiding jail is not the same as avoiding a conviction. A criminal traffic conviction stays on your record, can lead to a suspension, can keep a license from being reinstated on schedule, and can matter to an employer who needs you behind the wheel. A commercial driver, a licensed professional or anyone who is not a U.S. citizen has more at stake and should get advice before entering any plea.

Before the first date. Pull your driving record and status from MVD, which can be checked online through azmvdnow.gov, and gather every notice you received. On a suspended license charge, the date the suspension started, the reason for it and any reinstatement are often the whole case. If reinstatement is possible, starting it now can change the conversation.

The arraignment. Your first appearance is the date printed on the citation, or the date in a summons if the court mailed one. At Phoenix Municipal Court you enter a plea, and the court's own page rules out a dismissal at arraignment. For some offenses the City Prosecutor offers diversion, and eligible defendants receive enrollment details there.

The conference and trial. A not guilty plea sends the case to a pretrial disposition conference, where the prosecutor reviews the facts with you or your lawyer and may make an offer, and you can see the reports and evidence. You can accept, reject the offer and plead to the judge, or keep the not guilty plea and receive a trial date. At trial the State goes first, you can cross-examine its witnesses, and your choice not to testify cannot be used against you.

A missed date. A missed criminal court date can lead to a warrant for your arrest and, as ADOT explains, a court can have MVD suspend your license for failing to appear. Phoenix Municipal Court describes two ways to deal with a warrant: send a written request explaining why you missed court, with supporting documents, or pay the full warrant amount. On a request, the judge may cancel the warrant with a payment contract, cancel it and set a new date, or set a hearing. A lawyer can usually make that request for you.

Sentencing. If you are found guilty, the judge sets the sentence, and the court notes that fines can differ from the schedule printed for the violation.

The MVD side. MVD handles its own consequences for moving violation convictions, separate from the court. A suspension and a revocation are different, and so are the steps to get driving again. Know which one you have before you drive again.

Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney's Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take traffic cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.

Office: 4455 E. Camelback Rd., Suite C250, Phoenix, AZ 85018. Meetings are by appointment.