Criminal Speeding Defense
A criminal speeding citation can look like an ordinary ticket, which makes it easy to underestimate. It is a criminal charge, and how you handle it can affect your record.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 28-701.02(A) makes certain high speeds a crime, including more than 20 miles per hour over the posted limit and more than 35 miles per hour approaching a school crossing.
- How it is classified: A class 3 misdemeanor under § 28-701.02(B).
- Possible sentence (first offense): Up to 30 days in jail and a fine of up to $500.
- Where the case is heard: A city (municipal) court or a justice court, depending on where the stop happened.
- What to do now: Check the court and the date on your citation, and talk to a lawyer before you enter a plea.
What the law says
Arizona has two kinds of speeding laws. The general rule in A.R.S. § 28-701(A) says you may not drive faster than is "reasonable and prudent" for the conditions. That is usually handled as a civil traffic matter. Section 28-701.02 is different: it makes certain speeds a criminal offense.
Under § 28-701.02(A), you commit criminal speeding if you do any of the following:
- Exceed 35 miles per hour approaching a school crossing.
- Exceed the posted speed limit in a business or residential district by more than 20 miles per hour, or, if no limit is posted there, exceed 45 miles per hour.
- Exceed the posted speed limit by more than 20 miles per hour in other locations.
Under § 28-701.02(C), if you are charged with criminal speeding, you may not also be issued a civil complaint under § 28-701 for the same circumstances. We also check the version of the statute in effect on the date of your stop.
The civil speed limits
Section 28-701(B) lists speeds that are "prima facie evidence" that a speed is too great when no other limit applies: 15 miles per hour approaching a school crossing, 25 in a business or residential district, and 65 in other locations. Posted limits can differ, which is why the posted limit and the signs at your location matter.
For general background on how misdemeanors work, see Cornell LII Wex: misdemeanor. The Arizona rules are the statutes cited on this page.
How it is classified
| Where you were driving | Criminal threshold under § 28-701.02(A) | Class |
|---|---|---|
| Approaching a school crossing | Over 35 mph | Class 3 misdemeanor |
| Business or residential district with a posted limit | More than 20 mph over the posted limit | Class 3 misdemeanor |
| Business or residential district with no posted limit | Over 45 mph | Class 3 misdemeanor |
| Other locations | More than 20 mph over the posted limit | Class 3 misdemeanor |
Speeding at a level below these thresholds is generally a civil matter under § 28-701 rather than a crime. Very dangerous driving can lead to a separate charge, such as reckless driving or street racing.
Possible penalties
- Jail: A class 3 misdemeanor carries up to 30 days in jail under A.R.S. § 13-707(A)(3). The statute sets a maximum, not a mandatory minimum.
- Fine: The maximum fine for a class 3 misdemeanor is $500 under A.R.S. § 13-802(C).
Consequences beyond the sentence
- Your record: Criminal speeding is a criminal conviction, not just a ticket. You may be able to ask the court later to set aside the judgment of guilt or to seal the record, depending on the offense and your history. See record sealing and set-asides.
- Immigration: Some criminal convictions are grounds for removal under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- License and insurance: A conviction can affect your driving record and your insurance. See our traffic and MVD page for license issues.
- Employment: If you drive for work or hold a professional license, a criminal conviction can come up in background checks or with your employer.
Many people focus only on whether they will see jail time. Avoiding jail is not the same as avoiding a conviction.
How we defend criminal speeding charges
A criminal speeding case depends on one number and how it was measured. We look closely at both.
- How speed was measured: Radar, lidar, pacing and aircraft each have their own limits. We ask for calibration and maintenance records, operator training records and the conditions at the scene.
- Which vehicle: In traffic, it can be hard to tell which car a reading came from. We check the officer's line of sight and the traffic around you.
- The posted limit: The criminal threshold depends on the posted limit at your location. We check where signs were and whether the limit was properly posted.
- The location type: Whether the area was a school crossing or a business or residential district can change the threshold. We check whether the location meets the legal meaning.
- The margin: When the alleged speed is close to the threshold, a small measurement error can matter.
- Resolution and mitigation: In some cases, a criminal charge can be resolved as a civil speeding violation under § 28-701. A clean driving record, a driving course and a reason for the speed can help in negotiations.
Why Nova Law Group
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 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.
Common questions
Criminal speeding is a criminal charge, not a civil ticket. Resolving it with a guilty or no contest plea results in a criminal conviction. Talk to a lawyer before you decide how to handle it.
The law allows up to 30 days in jail for a class 3 misdemeanor, but it does not require jail. What the court does depends on the facts, your driving history and the court. We can explain the options before your court date.
In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). You can still hire your own lawyer.
In some cases, yes. Depending on the facts and your record, the charge may be resolved as a civil violation under § 28-701. Whether that is possible depends on the court and the evidence.
Criminal speeding is a misdemeanor, so it is heard in a city (municipal) court or a justice court, depending on where it happened. Your citation lists the court. If you are unsure, we can confirm it for you.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 28-701.02: Excessive speeds; classification
- A.R.S. § 28-701: Reasonable and prudent speed; prima facie evidence; exceptions
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
Cornell Legal Information Institute
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Talk to a Maricopa County criminal defense lawyer
If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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