The Criminal Speeding Law in Arizona as of 2024
28-701.02. Excessive Speeds; Classification
- A person shall not:
- Exceed thirty-five miles per hour approaching a school crossing.
- Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.
- Exceed the posted speed limit by more than twenty miles per hour in other locations.
- A person who violates subsection A of this section is guilty of a class 3 misdemeanor.
- A person who is charged with a violation of this section may not be issued a civil complaint for a violation of section 28-701 if the civil complaint alleges a violation arising out of the same circumstances.
Defensive Driving Class Eligibility
Violations under this section are eligible to be dismissed by taking a defensive driving class at 2Pass Defensive Driving School. However, there are specific qualifications and court procedures to follow:
Most courts require you to appear before the Judge or Judicial Officer and request a letter allowing you to attend a Defensive Driving Class.
But some courts in Arizona have different rules such as:
– The Gilbert Municipal Court: requirement is: For criminal speed 90+ mph, the defendant must appear before a judge.
– The Paradise Valley Municipal Court: requirement is For criminal speed, the defendant must see a judge. Defensive driving may be offered by the prosecutor’s office.
If the court allows you to take the defensive driving course, three things will happen:
- The Class 3 Misdemeanor Criminal Speeding Charge will be DISMISSED.
- No points will be assigned to your driving record.
- You do not have to appear on your court date.
Civil Traffic Ticket
In some cases, an officer might file a criminal speeding violation as a civil traffic ticket. For example, if a defendant was clearly violating the criminal speeding law by traveling at 73 mph in a 50 mph zone, but the officer checked the civil traffic box on the ticket, it would be treated as a regular speeding ticket
Outcome for Civil Traffic Ticket:
– Eligible for a defensive driving class.
– Treated as a regular speeding ticket with lesser consequences compared to a criminal speeding charge.
Summary
Sometimes the outcome of a speeding violation can depend on the discretion of the officer and the specifics of the court. It may be the “luck of the draw” whether a speeding ticket is treated as a civil or criminal offense. However, the availability of defensive driving classes offers a pathway to dismissing charges and avoiding points on your driving record.