Understanding Criminal Speeding Arizona: ARS 28 701.02
Facing Arizona criminal speeding charges can be overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona criminal traffic laws. It explains key terms and the penalties for criminal speeding Arizona charges. It also answers frequently asked questions about those charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced criminal defense attorney. If you are charged with a criminal traffic violation, let Lawyer Listed match you with your ideal Arizona criminal traffic defense lawyer as soon as possible.
What is Arizona Criminal Speeding?
Criminal speeding in Arizona is defined under ARS 28-701.02. This law makes it a class 3 misdemeanor to drive at excessive speeds in specific locations. Under the ARS criminal speeding law, you can be charged with this crime if you commit any of the following violations:
- School Crossing Violations: Exceeding 35 miles per hour when approaching or passing through a school crossing. This applies to any area designated as a school crossing zone, regardless of the posted speed limit.
- Business and Residential District Violations: In a business or residential area, exceeding the posted speed limit by more than 20 miles per hour or exceeding 45 miles per hour if no speed limit is posted.
- Other Location Violations: Exceeding 85 miles per hour in any other location, such as highways, freeways, or roads outside residential, business, or school zones.
Understanding “Exceed” Under the Law
The key word in the criminal speeding Arizona statute is “exceed,” which means traveling over the specified speed limits. You must actually surpass these thresholds to be charged with criminal speeding.
For example, if you’re driving 84 mph on Interstate 10, you’re not violating ARS 28-701.02 because you haven’t exceeded 85 mph. However, driving 86 mph would constitute criminal speeding. Similarly, driving 65 mph in a 45 mph business district (20 mph over) would not be criminal speeding, but driving 66 mph (21 mph over) would violate the law.
What Constitutes “Other Locations”?
While the Arizona criminal speeding statute doesn’t specifically define “other locations,” these generally include highways, freeways, and roads outside residential, business, or school zones. Common examples include Interstate 10, Highway 101, State Route 202, State Route 303, State Route 51, and Hunt Highway.
Sentencing for Arizona Criminal Speeding
The penalties for your first criminal speeding ticket Arizona conviction vary based on several factors, including your actions and your criminal history. The following table summarizes the potential consequences for violating the Arizona criminal speeding statute:
| Consequence | Details |
|---|---|
| Classification | Class 3 misdemeanor |
| Jail Time | Up to 30 days |
| Probation | Up to 1 year |
| Fines | Up to $500, plus surcharges |
| License Points | 3 points |
| Criminal Record | Yes |
| Insurance Impact | Increased premiums |
Arizona Driver’s License Points
Points will be added to your driving record following a conviction for a moving violation. If you are convicted of multiple violations during one incident, only the highest point value will be added to your record. Accumulating 8 or more points in 12 months can result in mandatory traffic survival school or a suspension of your license for up to 12 months.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition and Scope: Under Arizona’s criminal speeding law (ARS 28‑701.02), you can be charged if you drive over 35 mph near a school crossing, more than 20 mph over the speed limit in a business or residential area, or over 85 mph anywhere else.
- Elements of the Crime
- School Crossing Violations – Driving in excess of 35 miles per hour when approaching or passing through a designated school crossing zone. This applies regardless of the posted speed limit and is based solely on the area’s designation as a school crossing.
- Business and Residential District Violations – Operating a vehicle at a speed more than 20 miles per hour above the posted limit within a business or residential district or exceeding 45 miles per hour in such areas where no speed limit is posted.
- Other Location Violations – Driving at a speed greater than 85 miles per hour in any other location, including highways, freeways, or roads outside of school, business, or residential zones.
- Sentencing:
- Classification: class 3 misdemeanor
- Jail: up to 30 days
- Probation: up to 1 year
Next Steps:
Arizona criminal traffic violations can bring serious consequences. The charge of ARS criminal speeding and the resulting sentence depend on several factors. Lawyer Listed helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing a criminal traffic citation in Arizona, engaging a skilled Arizona criminal traffic attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; let Lawyer Listed match you with an experienced criminal defense lawyer right away.