Criminal Speeding Tickets

Possible consequences:

•  Fines up to $500 plus surcharges and court assessments that could nearly double the total fine
• Up to 30 days in jail. Jail time is rare, but it does happen. We most often see jail in city courts like Scottsdale City Court.
• Up to 1 year probation

Likely consequences:

• Class 3 misdemeanor conviction.
• Fines in the $300-$600 range
• 3 points on Arizona driving record (and Arizona reports the conviction to other states)

Collateral consequences:

• Increased insurance rates
• Immigration issues
• License suspension depending on the driver’s history and accumulation of points
• Having to disclose a criminal conviction on job applications

At a trial, the prosecution (the “state”) may present one or more of the following as proof or evidence of speeding:

A. Police officer testimony

The police officer will describe where and how he initially noticed the defendant. The police officer will likely testify that he visually estimated the driver’s speed to be xxx mph. The police officer will then testify how he measured the excessive speed – either by radar, lidar, vascar, or pace.

B. Radar/lidar/speedometer calibrations

The specifics of these documents vary, but in general something will be produced to say that the speed measurement device is accurate.

C. Certification of the officer to operate radar/lidar/vascar

This will be a document showing that the officer has training in the operation of the speed measurement device. Note, there is no certification for speed measurement by pace.

D. On-body camera video

This almost never shows the alleged excessive speeding. It may show the readout on a radar or lidar unit, but that is also rare. Most commonly, it shoes the actual traffic stop and the interaction between the defendant and the police officer.

E. Dash camera video

This is extremely rare now in Arizona. As you might imagine, dash camera is the most useful piece of evidence, so who knows why it is rarely used by police these days.

The bottom line is the State’s case is going to primarily rely on the oral testimony of the police officer who issued the excessive speed ticket. That may not sound like adequate “proof” for the State to win at a trial, but trust us, it is. In our experience, judges tend to find police officers very credible unless the defendant can produce something that shows otherwise.

Criminal speeding is a 3-point violation in Arizona. Even if you don’t have an Arizona driver license, the Arizona Department of Transportation will create a record for you and assign points. Then Arizona will make this information available to other states. The result is that an excessive speed conviction in Arizona may follow you to your home state. 

Keep in mind each state has its own points systems, and they can differ substantially.

If you hire an attorney, your attorney can often attend the pretrial conferences without you. Some courts require that a defendant attend pretrial conferences, but this is the exception rather than the rule. We represent many clients from out-of-state who never return to Arizona or attend court. You can discuss whether or not your presence is necessary with your attorney. If your case goes to trial, you will almost certainly need to attend the trial in person.

Most courts will let you appear by telephone for court appearances other than a trial. Some courts may require you to make this request in writing, others do not. If you live out of state, call the court and ask them about their policies regarding telephonic appearances. If you have an attorney, your attorney can take care of this. If your case ends up going to trial, you will need to come back to Arizona for the trial. If your case is resolved without going to trial, you probably won’t need to physically return to Arizona.

Three to four months is usually a good estimate of time. Most courts want the case either resolved by a plea agreement or set for trial after about 3 pretrial conferences. Pretrial conferences are usually about 30 days apart.

This will of course depend on your job, but for the vast majority of people, the answer is no. We frequently represent clients who are required to undergo background checks as part of their job, or who hold security clearances, or who have professional licenses (like attorneys or doctors), and a criminal speeding conviction probably won’t derail your career. However, a criminal speeding conviction will likely require an explanation, and it is always ideal to avoid having to make that explanation.

For some jobs though, a criminal speeding conviction is devastating. For example, for some commercial drivers such a violation could end their employment.

If you are concerned about how a criminal speeding ticket might impact your job, you may want to review your company’s policies regarding criminal convictions and consult an attorney about your specific situation.

Maybe. We always advise our clients to consult with an immigration attorney to get a definitive answer to this question. Keep in mind though that criminal speeding is not like assault, fraud, theft, burglary or any crime that involves a victim. Also, it does not involve alcohol, drugs, violence or guns, all of which will create major problems for immigration.

In another post, we discuss potential immigration consequences with immigration attorney Jessica Cadavid.

No. It is a class 3 misdemeanor. A misdemeanor is far less serious than a felony. A felony involves the potential for prison time, and the loss of certain rights like the right to vote or own a firearm. A misdemeanor conviction will not deprive you of any rights.

Yes, anyone who has received a criminal speeding ticket in Arizona has technically been arrested. In Arizona, criminal speeding is a misdemeanor criminal violation. Even though you may not be taken to jail if you receive the ticket, you have technically been arrested if you were ticketed for excessive speed.

Most criminal traffic tickets are “cite and release”, or “cite in lieu of detention”. This means that that the driver is technically arrested, issued a criminal complaint (ticket), and then released because they promise to appear in court on a future date.

Alternatively, depending on how fast you are going and the police officer’s mood, the officer may actually handcuff you, put you in the back of his vehicle, and book you into jail. We do see this happen from time to time.

Arizona only permits expungement in limited circumstances. Criminal speeding is not one of those circumstances.

The answer to “can you set aside a criminal speed conviction” is “there is a good chance you can.” See our page about setting aside convictions for more details.

Arizona now has a pathway to “seal” the records related to a criminal speeding conviction. This is not the same as an expungement, but it comes close. You can read more about sealing of criminal records here.