Criminal Speeding Lawyer in Arizona — Former Judge & Prosecutor Building Courtroom-Ready Defenses
Criminal Speeding Lawyer Arizona representation matters because A.R.S. 28-701.02 is a criminal offense, not a civil ticket. Oliverson Law defends cases statewide in city courts and justice courts, protecting your record, license, and career from jail, fines, and points. Call (480) 582-3637 today.
Arizona criminal speeding law & penalties
In Arizona, “criminal speeding” is defined by A.R.S. 28-701.02. You can be charged when an officer alleges you were: 1) driving 35 mph or more in a posted school crossing, see A.R.S. 28-797; 2) exceeding a posted limit by 20 mph or more; or 3) driving faster than 85 mph anywhere in the state. Unlike a civil speeding ticket under A.R.S. 28-701, a charge under 28-701.02 is a Class 3 misdemeanor, which means a criminal conviction, a permanent record, and an in-person court appearance in an Arizona city court or justice court.
Prosecutions occur in Arizona’s limited-jurisdiction courts, such as Phoenix Municipal Court, Tempe Municipal Court, Scottsdale City Court, Glendale City Court, Mesa Municipal Court, and the Justice Courts in each county (for example, Maricopa County Justice Courts or Mohave County Justice Courts). The State is represented by the city or town prosecutor in municipal cases and by the County Attorney in justice court cases. A conviction can carry jail under A.R.S. 13-707, fines under A.R.S. 13-802, and probation under A.R.S. 13-902.
Arizona’s courts apply the Arizona Rules of Criminal Procedure and the Rules of Procedure in Misdemeanor and Civil Traffic Cases for disclosures, motions, and trial practice. Evidence often includes radar, lidar, or pacing. The State must prove the case beyond a reasonable doubt and lay proper foundations for speed-measurement devices under the Arizona Rules of Evidence.
Many clients first ask “How fast is criminal speeding in Arizona?” For a plain-English breakdown of A.R.S. 28-701.02’s triggers and how officers prove them, read our post How Fast Is Criminal Speeding in Arizona. For an overview of the offense elements, see What Is Criminal Speeding in Arizona. If your traffic stop also involves DUI investigation, our DUI Lawyer and Extreme DUI Lawyer pages explain how speed-related reasonable suspicion and probable cause issues interact with A.R.S. 28-1381 and related statutes. For cases where a criminal speeding allegation is paired with another misdemeanor, you can also review our Criminal Defense Lawyer hub for broader Arizona courtroom strategy.
| Offense | Statute | Classification | Max Jail | Max Fine | Probation | License/MVD | Other Notes |
|---|---|---|---|---|---|---|---|
| Criminal (excessive) speeding | A.R.S. 28-701.02 | Class 3 misdemeanor | Up to 30 days (A.R.S. 13-707) | Up to $500 plus surcharges (A.R.S. 13-802) | Up to 1 year (A.R.S. 13-902) | MVD points assessed; potential Traffic Survival School or action for accumulated points | Mandatory court appearance; background-check visible misdemeanor record |
| School crossing aspect | A.R.S. 28-797 & 28-701.02(A)(1) | Class 3 misdemeanor | Up to 30 days (A.R.S. 13-707) | Up to $500 plus surcharges (A.R.S. 13-802) | Up to 1 year (A.R.S. 13-902) | Heightened enforcement near marked school crossings | Signage and flashing beacon compliance can be evidentiary issues |
| 20+ mph over posted limit | A.R.S. 28-701.02(A)(2) | Class 3 misdemeanor | Up to 30 days (A.R.S. 13-707) | Up to $500 plus surcharges (A.R.S. 13-802) | Up to 1 year (A.R.S. 13-902) | MVD points | Posting authority and sign placement may be contested (A.R.S. 28-627) |
| Over 85 mph anywhere | A.R.S. 28-701.02(A)(3) | Class 3 misdemeanor | Up to 30 days (A.R.S. 13-707) | Up to $500 plus surcharges (A.R.S. 13-802) | Up to 1 year (A.R.S. 13-902) | MVD points | Often based on radar/lidar or airplane pacing on rural interstates |
Arizona Motor Vehicle Division actions proceed separately from the criminal case. A conviction typically results in points, and accumulated points can lead to Traffic Survival School or further MVD action under Title 28. For specific penalty scenarios and collateral issues like insurance and employment, see our post What Are the Penalties for Criminal Speeding in Arizona. If your case also involved alleged aggressive driving or disorderly conduct during a traffic incident, review our Disorderly Conduct Lawyer page for how prosecutors charge behavior under A.R.S. 13-2904 alongside traffic offenses.
Key Arizona facts at a glance
These are statewide legal limits. Actual outcomes in Arizona municipal and justice courts vary based on the location of the stop, the judge’s practices, and the prosecutor’s office policies. Oliverson Law DUI & Criminal Defense develops defenses that fit local procedures from Tempe to Bullhead City and beyond.
What happens after a stop in Arizona
Stop, citation, and charging decision
For A.R.S. 28-701.02, the officer issues a criminal citation requiring a court appearance in the listed Arizona municipal or justice court. Your citation lists an arraignment date. Because this is a misdemeanor, it cannot be paid online like a civil speeding ticket. Contact counsel before arraignment to preserve defenses and explore diversion or plea options where available.
Arraignment in city or justice court
Arraignments occur in courts such as Phoenix Municipal Court, Glendale City Court, Scottsdale City Court, Tempe Municipal Court, Mesa Municipal Court, or the Justice Courts (e.g., Country Meadows Justice Court, Arrowhead Justice Court) depending on the stop location. You enter a plea, discuss release conditions, and obtain the next court date. We often file a notice of appearance so you may not need to attend routine settings.
Discovery, investigation, and motions
We request disclosure under the Arizona Rules of Criminal Procedure and the Rules of Procedure in Misdemeanor and Civil Traffic Cases. Typical materials include body-worn camera, dash video, radar/lidar calibration logs, officer training records, traffic engineering or signage documentation (A.R.S. 28-627), and witness statements. We litigate suppression and evidentiary issues—such as foundation for speed devices—under the Arizona Rules of Evidence.
Negotiation, trial, and sentencing
Arizona prosecutors may negotiate reductions (e.g., to civil speeding) depending on facts, driving history, and the court. If the case proceeds to bench trial, the State must prove each element of A.R.S. 28-701.02 beyond a reasonable doubt. If convicted, sentencing follows A.R.S. 13-707, 13-802, and 13-902. We advise on post-judgment options, including set-aside eligibility under A.R.S. 13-905.
Because criminal speeding frequently arises during DUI investigations, strategic choices at arraignment and through motions can affect both cases. Our DUI Lawyer and Criminal Defense Lawyer hubs explain how we coordinate defenses across related Arizona charges.
Oliverson Law DUI & Criminal Defense, 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Speak directly with a team led by a former Arizona city judge. Fast action preserves video, calibration records, and negotiation options.
Defense strategies that work in Arizona courts
Every A.R.S. 28-701.02 case is unique. The following defense themes are grounded in Arizona law, rules of evidence, and the realities of municipal and justice court practice statewide.
To see how reductions and dismissals are pursued in practice, review our analysis in Can Criminal Speeding Be Dismissed in Arizona. Outcomes vary by court and facts, but targeted motions and informed negotiation grounded in local Arizona procedures make a measurable difference.
Your legal team: Former judge & prosecutor
Oliverson Law DUI & Criminal Defense was founded in 2009 by Derek Oliverson. Derek earned a B.S. in Criminal Justice, magna cum laude, from Southern Utah University, and a J.D. with a litigation concentration from Creighton University School of Law. He has been licensed with the State Bar of Arizona since October 2009.
Derek’s career progression is Arizona courtroom-focused: he served as a police officer in Henderson, Nevada; then a prosecutor with the Mohave County Attorney’s Office; then a judge at Page Magistrate Court (handling 3,000+ cases per year) and later at Glendale City Court beginning in 2012 (a high-volume bench with 40,000+ cases per year). He left the bench in 2014 and founded this firm in 2016. That experience informs case strategy in municipal courts like Glendale City Court, Scottsdale City Court, and Tempe Municipal Court, where criminal speeding cases are tried to the bench.
Attorney David Tangren earned his J.D. from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. As a former prosecutor with the Pima County Attorney’s Office, he handled misdemeanors through a felony trial team and worked in the Property and Narcotics Bureau. His prosecution background translates directly to negotiating with Arizona city and county prosecutors on criminal speeding matters and anticipating arguments they will make about officer credibility and device reliability.
With a former Glendale City Court judge and a former Pima County prosecutor on your side, your defense is built around how Arizona municipal and justice courts actually operate. We integrate strategies drawn from our Criminal Defense Lawyer toolkit into traffic-specific litigation to address disclosure practice, motion calendars, and trial presentation typical in Arizona’s limited-jurisdiction courts.
Our office is located at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281, and we defend criminal speeding cases statewide. Rated 4.9/5 with 150+ reviews, our clients value localized insight and direct courtroom experience in courts from Maricopa County Justice Courts to Bullhead City Municipal Court.
Counties & cities we cover
Ahwatukee, AZAlhambra, AZAnthem, AZApache Junction, AZArcadia, AZAvondale, AZBuckeye, AZBullhead City, AZCamelback East, AZCarefree, AZCasa Grande, AZ
Frequently Asked Questions
Yes. A.R.S. 28-701.02 makes excessive (criminal) speeding a Class 3 misdemeanor. The State must prove you drove 35+ mph in a school crossing, 20+ mph over a posted limit, or faster than 85 mph. Penalties are governed by A.R.S. 13-707 (jail), 13-802 (fines), and 13-902 (probation), and the case is prosecuted in a city court or justice court.
Generally, yes. A.R.S. 28-701.02 is a criminal offense requiring a court appearance in the municipal or justice court listed on your citation (e.g., Phoenix Municipal Court, Scottsdale City Court, or an applicable Justice Court). Counsel can often file a notice of appearance and handle many settings, but courts may require your presence at arraignment or trial.
Criminal speeding is a Class 3 misdemeanor. The maximums are up to 30 days jail (A.R.S. 13-707), up to a $500 fine plus surcharges (A.R.S. 13-802), and up to 1 year probation (A.R.S. 13-902). The Arizona MVD also assesses points and can impose actions based on accumulated points under Title 28, separate from the criminal court’s sentence.
It can, depending on facts and the prosecutor’s policy. In Arizona municipal and justice courts, negotiations sometimes result in a plea to civil speeding or other outcomes. Eligibility for defensive driving diversion is governed by A.R.S. 28-3392 and local practices. Results vary by court, driving history, and proof issues like radar/lidar foundation and signage validity.
A criminal speeding conviction creates a misdemeanor record. While Arizona permits set-asides under A.R.S. 13-905 after completing the sentence, a set-aside does not erase the fact of conviction; it updates the record to reflect set-aside status. The Arizona MVD separately records points and convictions affecting your driving history under Title 28.
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 or meet us at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Early intervention can secure videos, calibration logs, and leverage for reductions under A.R.S. 28-701.02.
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