Tickets and Moving Violations
Traffic tickets seem minor until they put your license, job, or insurance on the line. At the Law Office of James E. Novak, we defend drivers in Phoenix and throughout Maricopa County against moving violations—from basic speeding to criminal traffic charges—so you can protect your record and stay on the road.
Civil vs. Criminal Traffic Offenses
Arizona splits traffic cases into two categories. Civil violations include most routine tickets, like moderate speeding or rolling a stop sign. You can often resolve these by contesting the ticket or, if eligible, taking a defensive driving course. Criminal traffic offenses are different. These include criminal speeding under A.R.S. § 28-701.02, reckless driving, aggressive driving, leaving the scene, and driving on a suspended license. Criminal cases require a court appearance and can result in a misdemeanor record and even jail. Knowing which type of charge you face is the first step toward a smart plan.
Common Moving Violations We Handle
Tickets come in many forms, and each has specific defenses and consequences. We regularly help with:
- Speeding, including criminal speeding, school zone violations, and construction zone tickets
- Red-light and stop-sign violations, including photo enforcement
- Unsafe lane changes, following too closely, and failure to yield
- Cell phone and texting while driving citations
- HOV lane and carpool violations
- Reckless driving
- Leaving the scene and failure to provide information
- Driving on a suspended, revoked, or canceled license
Each case turns on details: signage, traffic flow, device accuracy, and what the video shows. Small facts often decide outcomes.
Points, Insurance, and License Consequences
Arizona’s Motor Vehicle Division uses a point system. Most moving violations add points to your record; collect too many and you risk suspension and Traffic Survival School. Even a single moving violation can raise insurance premiums, and criminal traffic convictions can trigger larger, longer increases. Commercial drivers face stricter rules, limited eligibility for diversion, and employer reporting requirements. Handling a ticket the right way now can save money and protect your license for years.
Your Options After a Ticket
You usually have several paths:
- Fight the ticket at a hearing and require the State to prove the violation
- Negotiate a reduction to a less serious violation
- Take a court-approved defensive driving course, if eligible, to dismiss a civil violation
- For criminal charges, pursue dismissal, amendment to a civil ticket, or a not-guilty verdict at trial
Eligibility for defensive driving is typically once every 12 months for an eligible civil offense and must be completed before the court date. Timing matters, so check eligibility early.
Effective Defenses to Moving Violations
A ticket is not proof. The State must meet its burden with reliable evidence. Common defense angles include:
- Equipment and method problems: Radar, lidar, pacing, and aircraft all have limits. We review calibration logs, officer training, weather, traffic density, and sight lines to challenge the speed reading.
- Signage and location: School zones must be properly marked and active; residential and business district designations have legal definitions. Faded or obstructed signs can undercut the State’s case.
- Identification and observation issues: In heavy traffic or at night, an officer may clock the wrong vehicle. Dash-cam, body-cam, third-party footage, and GPS or app data can show the reading does not match your car.
- Lane markings and stop lines: Red-light and stop-sign cases often hinge on exact placement of lines and camera angles. Photos and on-scene measurements can reveal problems.
- Necessity and emergency: In rare cases, a true emergency can mitigate or justify a driving choice when no safe alternative existed.
- Constitutional and procedural errors: An unlawful stop, missing disclosures, or late evidence can lead to suppression or dismissal in criminal traffic cases.
The goal in many matters is simple: avoid a criminal conviction, keep points off your record, and prevent an insurance spike. Strong defenses—and strong mitigation like a clean history and early safety coursework—often open the door to better outcomes.
Photo Enforcement Tickets
Photo radar and red-light camera cases rely on strict technical and procedural rules. We examine camera certifications, maintenance, chain of custody, and whether the images actually identify the driver. If service of the citation was improper, or the vendor or agency missed key steps, the case may be weak before it starts.
How the Law Office of James E. Novak Helps
We move quickly to collect the police report, calibration and certification records, body-cam and dash-cam video, 911 or dispatch logs, and any available roadway or camera footage. We map the scene, verify signage, and test the State’s timeline against the evidence. Then we press for the result that protects you—dismissing weak cases, amending criminal counts to civil, securing defensive driving when eligible, or taking your case to hearing or trial when that is the best option. For commercial drivers, we tailor strategy to protect your CDL and employment.
What You Should Do Now
Act fast. Write down everything you remember: where you were stopped, traffic conditions, weather, where the officer was positioned, and what device was used. Save dash-cam video and any app or vehicle data. Do not argue with the officer or call the court to explain facts; put your case in the hands of a lawyer who can build a record and present it the right way.
Talk With a Phoenix Traffic Defense Lawyer
A single ticket can snowball into higher premiums, license problems, and a record that follows you. Get ahead of it with focused help from a firm that treats traffic defense seriously. Contact the Law Office of James E. Novak at (480) 413-1499 to schedule a confidential consultation. We will review your citation, explain your options, and work to protect your license, your insurance rates, and your future.












