Criminal Speeding

In Arizona, some speeding tickets are crimes—not mere infractions. At the Law Office of James E. Novak, our Phoenix criminal speeding attorney acts quickly to attack the stop, the speed reading, and the State’s case, pressing for dismissal or a reduction to a civil ticket so you protect your record, your license, and your insurance rates.

What Counts as Criminal Speeding?

Arizona’s criminal speeding law (A.R.S. § 28-701.02) turns certain speeds into a Class 3 misdemeanor. You can be charged if any of the following applies:

• Driving over 85 mph anywhere in the state
• Driving 20 mph or more over the posted limit in a business or residential area
• Exceeding 35 mph in a school crossing zone

These rules apply even if the road is otherwise clear and you were driving safely. The charge depends on the number on the speedometer and where you were driving.

Criminal vs. Civil Speeding

Most speeding tickets are civil violations. You can usually handle those by paying a fine or taking a defensive driving course. Criminal speeding is different. It is a crime, so you must go to court, and a conviction will appear on a criminal background check. Many people are surprised to learn they face a misdemeanor for a first offense, especially if they have a clean record. That is why it is important to read the citation carefully and confirm whether it says “criminal” or references A.R.S. § 28-701.02.

Possible Penalties and Collateral Consequences

Criminal speeding is a Class 3 misdemeanor. The court can impose up to 30 days in jail, a fine up to $500 plus surcharges, and probation. Judges rarely give the maximums in first-offense cases, but the risk is real, and outcomes vary by court and facts.

Beyond the courtroom, expect other consequences. The Motor Vehicle Division may assess points to your driving record, which can trigger a license suspension if you collect too many. Insurance companies often raise rates after any moving violation, and a misdemeanor on your record can make those increases worse or last longer. Commercial drivers and ride-share drivers face added risks to their jobs and credentials.

Common Defenses and Ways to Improve Your Case

You are not stuck with the number on the ticket. There are many ways to challenge a criminal speeding case or negotiate it down to a civil violation.

• Equipment and method issues. Officers use radar, lidar, pacing, or aircraft to measure speed. Each method has limits. We review calibration logs, training records, weather conditions, traffic density, and sight lines. If the device was not tested, if the officer’s vantage point was poor, or if the reading could have been from another vehicle, the State’s proof gets weaker.
• Location and signage. Criminal speeding depends on where you were driving. We check whether the area is legally a business or residential district, whether speed signs were visible, and whether a school crossing zone was active with proper signs and flashing beacons.
• Identification and observation problems. In heavy traffic or at night, it is easy to track the wrong car. Dash and body-camera video, third-party footage, and GPS or app data can help show the speed reading does not match your vehicle.
• Speedometer and emergency defenses. A faulty speedometer can explain a driver’s good-faith mistake. In rare, true emergencies, the necessity defense may apply when there was no safe alternative to prevent a greater harm.
• Constitutional and procedural issues. An unlawful stop, missing disclosure, or late evidence can lead to dismissal or suppression. Criminal cases require proof beyond a reasonable doubt; if the State cannot meet that standard, the court should not convict.

In many courts, strong defenses—or even strong mitigation, like a clean record and completion of a driving course—can persuade a prosecutor to amend a criminal speeding count to a civil speeding ticket. If that happens, you may be able to resolve the case with a fine or defensive driving school instead of a criminal conviction. Defensive driving school is generally available for one eligible violation every 12 months, but it usually requires the charge to be civil. Negotiating that amendment is a key goal in many cases.

What To Do After a Criminal Speeding Stop

Write down what happened as soon as possible, including the exact location, traffic flow, weather, where the officer was positioned, and what device they used. Save dash-cam video and any app data (for example, from your vehicle, navigation app, or smartwatch). Do not contact the officer or the court to argue the case on your own. Criminal speeding cases move quickly, and early steps can help you avoid a criminal record.

How the Law Office of James E. Novak Can Help

Every case is different. We start by collecting the police report, body-camera and dash-cam recordings, calibration records, and any aerial or photo evidence. We evaluate the stop, the measurement method, and the exact roadway. Then we build a plan—file motions where appropriate, challenge the State’s proof, and negotiate for a reduction to a civil violation whenever possible. If trial is the best path, we are ready to cross-examine the officer and present your evidence clearly.

Talk With a Phoenix Criminal Speeding Attorney

You do not have to face a criminal speeding charge alone. Early action can protect your record, your insurance rates, and your license. For a consultation about your options, contact the Law Office of James E. Novak at (480) 413-1499. We will review your citation, explain the defenses that fit your situation, and work toward the best possible outcome.