Can I Take a Defensive Driving Course in Arizona if I have a Criminal Speeding ticket?

The Criminal Speeding Law in Arizona as of 2024

28-701.02. Excessive Speeds; Classification

  1. A person shall not:
  2. Exceed thirty-five miles per hour approaching a school crossing.
  3. 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.
  4. Exceed the posted speed limit by more than twenty miles per hour in other locations.
  5. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.
  6. 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:

  1. The Class 3 Misdemeanor Criminal Speeding Charge will be DISMISSED.
  2. No points will be assigned to your driving record.
  3. 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.