How to Fight an 85+ MPH Criminal Speeding Ticket in Arizona
In Arizona, driving over 85 mph is not a simple civil traffic ticket; it is a Class 3 misdemeanor under A.R.S. § 28-701.02. Simply paying the fine online guarantees a permanent criminal conviction on your record, making legal representation essential.
Getting pulled over for speeding is a frustrating experience, but in Arizona, it can quickly escalate from a minor inconvenience to a serious legal nightmare. If you are caught driving over 85 mph on highways like I-10, I-17, or the Loop 202, law enforcement officers will likely cite you for criminal speeding. Many drivers, especially those visiting Phoenix, Tucson, or Flagstaff, mistakenly believe they can just pay the fine and move on. This is a critical error. Paying a criminal traffic ticket in Arizona is an automatic admission of guilt to a crime. To protect your clean record and your future, browsing our directory to connect with a local Arizona traffic defense lawyer is highly recommended.
Arizona has some of the strictest speeding laws in the country. Under A.R.S. § 28-701.02, exceeding 85 mph anywhere in the state, driving more than 20 mph over the posted speed limit, or driving over 35 mph in a school zone are all classified as Class 3 misdemeanors. This means you are facing the same level of criminal charge as simple assault or criminal trespass. A conviction can result in heavy fines, points on your license, spiked insurance premiums, and the stigma of a permanent criminal record.
Specific Impacts of a Criminal Speeding Charge
A criminal conviction carries collateral consequences that reach far beyond the courtroom. Depending on your career and where you live, an A.R.S. § 28-701.02 violation can disrupt your life in unique ways.
Out-of-State Drivers Caught on I-10 and I-17
Arizona highways are heavily patrolled by the Arizona Department of Public Safety, Phoenix. Tourists and travelers frequently find themselves cited for criminal speeding while passing through. Because Arizona is part of the Interstate Driver's License Compact, ignoring the ticket or fleeing back to California or Texas will not work. A failure to appear in an Arizona Justice Court will result in a bench warrant, and your home state will likely suspend your driving privileges until the Arizona criminal matter is resolved.
Consequences for Active Duty Military
For service members stationed at Davis-Monthan AFB in Tucson or Luke AFB in Maricopa County, a criminal misdemeanor is a serious issue. A conviction for criminal speeding must often be reported to your chain of command and can negatively impact your military driving privileges on base, your rank progression, and your overall disciplinary standing.
Security Clearance Impacts for Tech and Aerospace Workers
Arizona is a massive hub for aerospace and defense contractors. If you hold a federal security clearance, a criminal conviction-even for a traffic offense-can trigger a review. While a single misdemeanor speeding ticket might not automatically revoke a high-level clearance, failing to report it or accumulating a criminal record can raise serious concerns about your judgment and reliability during your clearance renewal process.
Mandatory Fingerprinting in Arizona
Unlike a standard civil ticket, a Class 3 misdemeanor often triggers criminal processing requirements. In many Arizona jurisdictions, if you are convicted of or plead guilty to criminal speeding, the judge will issue an order requiring you to report to the local police department for mandatory fingerprinting and photographing to properly log your criminal conviction into the state and federal databases.
Step-by-Step Process to Fight the Charge in Arizona
Handling a criminal traffic citation requires navigating the criminal justice system, which operates entirely differently than traffic court.
Step 1: Do Not Just Pay the Fine
If your ticket says "Criminal" or references A.R.S. § 28-701.02, do not attempt to just pay the fine online. Doing so waives your constitutional rights and enters an automatic guilty plea to a misdemeanor.
Step 2: Hire a Local Attorney for the Arraignment
Your ticket will list an arraignment date at a specific court, such as the Maricopa County Justice Courts, Phoenix or Pima County Consolidated Justice Court, Tucson. If you hire a local traffic defense lawyer, they can file a notice of appearance and attend this arraignment on your behalf pursuant to Ariz. R. Crim. P. 14.3, meaning you may not even have to travel back to Arizona or take a day off work.
Step 3: Negotiating a Plea or Diversion
Your attorney will obtain the radar calibration logs and the officer's notes during discovery. They will generally negotiate with the local prosecutor. The goal is often to have the charge reduced to a civil traffic violation or to convince the judge to allow you to complete Defensive Driving School (DDS) to have the criminal charge dismissed completely.
Step 4: Proceeding to a Bench Trial
If the prosecutor refuses to negotiate, your attorney may advise taking the case to a bench trial (a trial in front of a judge without a jury). As established in cases like State v. Rich, 115 Ariz. 119 (AZ Court of Appeals 1977), the prosecution carries the burden to prove excessive speed beyond a reasonable doubt. Your lawyer can challenge the accuracy of the LIDAR/Radar device calibration, the officer's visual speed estimation training, or the pacing methods used by the DPS officer.
How Much Does it Cost in Arizona?
Fighting a criminal speeding ticket involves upfront legal fees, but it is generally much cheaper than paying years of inflated insurance premiums and carrying a criminal record.
| Cost Category | Estimated Range (USD) |
|---|---|
| Criminal Traffic Attorney Retainer | $1,500 - $3,500 (Flat fee is common) |
| Maximum Fine for Class 3 Misdemeanor | Up to $500 plus an 83% state surcharge (approx. $915 total) |
| Defensive Driving School (if approved) | $200 - $300 for the course and court fees |
| Increased Auto Insurance (Over 3 years) | $1,500 - $4,000+ if convicted |
How Long Does the Process Take?
The timeline for a criminal speeding case depends on the specific justice or municipal court handling your citation. Your arraignment is typically scheduled 30 to 45 days after the citation date. If your attorney successfully negotiates a reduction to a civil ticket or defensive driving, the case might wrap up in 2 to 3 months. If the case requires evidentiary hearings and a bench trial, the process can easily stretch to 4 to 6 months.
Frequently Asked Questions (FAQ)
Can I go to jail for criminal speeding in Arizona?
Yes, theoretically. A Class 3 misdemeanor carries a maximum penalty of 30 days in jail under A.R.S. § 13-707. However, jail time is exceedingly rare for first-time offenders without aggravating factors like a DUI or reckless driving.
Will my license be suspended if convicted?
A criminal speeding conviction adds 3 points to your Arizona driving record under A.R.S. § 28-3306. While this single ticket won't suspend your license, accumulating 8 points in a 12-month period will trigger a mandatory suspension or require traffic survival school.
Can a criminal speeding ticket be expunged in Arizona?
A criminal speeding conviction under A.R.S. § 28-701.02 cannot be set aside; under A.R.S. § 13-905(P)(5), Title 28, Chapter 3 traffic offenses are specifically excluded from set-aside relief (reckless driving being the sole exception). However, under Arizona's record-sealing law (A.R.S. § 13-911), you have the right to file Form AOCCRSL1F, Arizona, Judicial Branch, Petition to Seal Criminal Case Records two years after completing all sentencing requirements and paying court fines. Once sealed by the court, the records are cleared from public view, and you may legally state that you were never arrested or convicted for the offense.
Do I have to appear in court if I live in another state?
In most misdemeanor traffic cases, a licensed Arizona attorney can appear on your behalf pursuant to Ariz. R. Crim. P. 14.3, saving you the time and expense of traveling back to the state.
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