Can I Take Defensive Driving School (DDS) for Criminal Speeding in Arizona?

Receiving a criminal speeding ticket in Arizona is an intimidating experience that carries the threat of a permanent criminal record under A.R.S. § 28-701.02. If you were caught driving more than 85 mph or 20 mph over the limit, your first instinct is likely to ask, "Can I just take a class to make this go away?" For standard civil traffic tickets, Arizona law allows eligible drivers to automatically sign up for Defensive Driving School (DDS) to have the ticket dismissed. However, when the word "Criminal" is checked on your citation, that automatic right disappears. Attending DDS for a criminal charge is a privilege granted solely at the discretion of the judge handling your case under A.R.S. § 28-3392(A)(2)(a). To maximize your chances of getting this favorable outcome, finding a skilled Arizona traffic defense attorney in our directory is your best strategic move.

Because a Class 3 misdemeanor can result in massive fines, points on your license, and severe career consequences, successfully petitioning the court for a DDS diversion is the ultimate goal for most defendants. If a judge at the Maricopa County Justice Courts, Phoenix or another local jurisdiction grants you permission to complete the course, the criminal charge is entirely dismissed upon completion. You will have no criminal conviction, no points on your license, and no spikes in your auto insurance.

Judge's Discretion and the 12-Month Eligibility Rule

Even if a judge wants to be lenient, they cannot grant you DDS unless you meet the state's strict eligibility criteria. The most critical requirement is the 12-month rule. Under A.R.S. § 28-3392(B), you are only eligible for Defensive Driving School if you have not attended an Arizona-certified DDS for ticket dismissal within the past 12 months (calculated from the date of your last violation, not the date you took the class).

Furthermore, judge's discretion means that the court will look closely at the facts of your specific stop. If you were doing 86 mph in a 65 mph zone with a clean driving record, a judge is highly likely to grant DDS. If you were doing 115 mph while weaving through traffic, the judge or prosecutor will almost certainly deny the request and force you to face the criminal charge.

Critical Scenarios for DDS Approval

Different types of drivers face different hurdles when attempting to resolve a criminal speeding charge through defensive driving.

Asking the Judge for DDS at Arraignment

Because it is a criminal charge, you cannot simply log onto the court website and select "DDS." You (or your attorney) must attend your initial arraignment. Your attorney will usually file a motion or verbally request that the judge convert the criminal charge to a civil violation for the purpose of allowing DDS, or ask the prosecutor to agree to a diversion program that involves taking the class.

Out-of-State Drivers and Online Course Eligibility

If you live in California, Texas, or another state, returning to Arizona just to sit in a classroom for a day is impractical. Fortunately, if the Arizona judge grants your request for Defensive Driving School, you are permitted to take a Supreme Court-approved online course. These courses are heavily verified, requiring you to answer security questions throughout the modules to ensure you are the one actually taking the class.

CDL Exceptions: Gig Workers vs. Truck Drivers

Commercial Driver's License (CDL) holders face specific statutory rules. Under A.R.S. § 28-3392(A)(2)(b), a driver holding a CDL is legally permitted to attend Defensive Driving School to dismiss an eligible violation, provided they were driving a personal vehicle requiring only a standard Class D or Class M license and the vehicle was not being used for commercial purposes at the time of the stop. If cited while operating a commercial motor vehicle, DDS diversion is strictly prohibited by law. In contrast, gig economy drivers (such as Uber, Lyft, or Amazon Flex drivers) operating under a standard Class D license are eligible for DDS as long as they meet the standard 12-month rule.

Strict Time Limits to Complete the Course

If the judge grants you the privilege of taking DDS, they will issue a strict deadline. You must register for and complete the approved course at least 7 days before your next scheduled court date or deadline. If you miss this window, the court will reject your certificate, and you will be forced to proceed with the criminal case.

Step-by-Step Process to Request DDS for a Criminal Ticket

Securing a dismissal requires following the court's strict procedural rules.

Step 1: Attend the Initial Arraignment

Your lawyer will appear at the designated Justice or Municipal court to enter a "Not Guilty" plea and officially request permission for a defensive driving diversion. They will present your clean driving record to the prosecutor as leverage.

Step 2: Present Mitigating Factors

Your attorney must convince the judge that granting DDS serves the interest of justice. They will highlight mitigating factors, such as it being a first offense, cooperative behavior with the police officer, or a lack of other aggravating traffic issues.

Step 3: Register for an Approved Arizona Course

Once the judge signs the order, you must select a school from the Arizona Supreme Court, Phoenix certified list. You will need to provide the school with a copy of your citation, your driver's license, and the court order granting you permission.

Step 4: Submit the Certificate to the Court

Upon finishing the 4 to 4.5-hour course, the school will typically notify the court electronically. However, it is always your responsibility to follow up and ensure the court successfully received your completion certificate and officially dismissed the criminal charge.

How Much Does it Cost in Arizona?

While hiring a lawyer and paying for the class requires an upfront investment, it is a fraction of the cost of a criminal conviction.

How Long Does the Process Take?

You must typically wait 30 to 45 days after receiving the ticket just to attend your arraignment and ask the judge for permission. If the judge grants DDS, they generally give you 30 to 60 days to complete the course. The course itself takes roughly 4 hours to complete. In total, resolving a criminal speeding charge through DDS takes about 2 to 3 months from the date you were pulled over.

Frequently Asked Questions (FAQ)