Arizona criminal speeding defense attorney Derek Oliverson fights criminal speed charges across all 15 Arizona counties. Criminal speeding in Arizona is a Class 3 misdemeanor but creates a permanent criminal record and can lead to license suspension. Call (480) 582-3637.
Under ARS 28-701.02, criminal speeding is a criminal traffic offense — not merely a civil traffic ticket. Arizona is one of the few states that classifies excessive speeding as a criminal offense, meaning a conviction results in a permanent criminal record, potential jail time, and a misdemeanor on your record that employers, landlords, and licensing boards can see. This is fundamentally different from a standard speeding ticket that results only in a fine and points on your license.
Derek Oliverson handles criminal speeding cases throughout the Arizona court system — from the Scottsdale City Court and Phoenix Municipal Court to justice courts in Gilbert, Chandler, Mesa, Surprise, and rural jurisdictions across Coconino County, Pinal County, and Mohave County. Each court has its own culture, prosecutors, and tendencies, and Derek leverages this local knowledge to craft the most effective defense strategy for your specific case and location.
Arizona law establishes three specific speed thresholds that elevate a standard civil traffic violation to a criminal offense. Understanding which threshold applies to your case is critical for building the right defense.
Exceeding the posted speed limit by 35 miles per hour or more anywhere in Arizona. This is the most common trigger — driving 80 in a 45 zone on roads like Loop 101, Loop 202, or Indian School Road in Phoenix. DPS troopers patrol I-17 and I-10 aggressively for speeds exceeding 100 mph in the 65 mph zones.
Driving 85 miles per hour or faster regardless of the posted speed limit. Even on I-10 between Phoenix and Tucson where the limit is 75 mph, reaching 85 mph crosses into criminal territory. This catches many drivers on the long, straight stretches of Arizona interstate who do not realize the criminal threshold.
Exceeding the posted school zone speed limit by 20 miles per hour or more. School zones in cities like Scottsdale, Tempe, and Gilbert typically post 15 mph limits — so driving 35 mph through a school zone triggers criminal speeding. Prosecutors take school zone cases particularly seriously.
Criminal speeding is a Class 3 misdemeanor in Arizona. While it carries lighter maximum penalties than more serious misdemeanors, the real damage comes from the permanent criminal record and cascading consequences that follow.
| Penalty Category | Maximum / Standard | Additional Consequences |
|---|---|---|
| Jail Time | Up to 30 days | Rarely imposed on first offense; more likely with aggravating factors |
| Fines | Up to $500 + surcharges | Surcharges can double the base fine amount |
| License Points | 3 points on MVD record | Accumulating 8+ points in 12 months triggers suspension |
| Criminal Record | Permanent misdemeanor | Visible on background checks for employment and housing |
| Insurance Impact | Significant rate increase | Criminal conviction triggers higher increases than civil tickets |
| License Suspension | Possible at judge’s discretion | More likely with prior speeding history or extreme speeds |
For CDL holders operating commercial vehicles across Arizona, a criminal speeding conviction carries even greater stakes — potential loss of commercial driving privileges that can end a career in trucking, delivery, or transportation. The Arizona DOT reports thousands of commercial vehicle violations on I-40 through Flagstaff and Kingman each year.
Many Arizona drivers do not understand the critical difference between a civil speeding ticket and a criminal speeding charge until they receive their citation and see the court date. The distinction has life-altering implications.
| Factor | Civil Speeding | Criminal Speeding |
|---|---|---|
| Type of Offense | Civil traffic violation | Class 3 misdemeanor criminal offense |
| Criminal Record | No criminal record | Permanent criminal record |
| Jail Possibility | No jail time | Up to 30 days jail |
| Defensive Driving School | Eligible to dismiss | Not eligible for dismissal |
| Right to Attorney | Optional | Constitutional right |
Speed detection equipment must be properly calibrated and maintained according to manufacturer specifications. Derek subpoenas calibration records, maintenance logs, and certification documents for the specific radar or LIDAR unit used. Equipment that was not calibrated within the required timeframe — or that shows irregular readings — provides strong grounds for dismissal.
Officers must follow specific protocols when operating speed detection equipment. Pacing requires a calibrated speedometer and sustained observation distance. Radar guns must be aimed correctly and can produce false readings from interference, cosine effect, or multi-target confusion. Derek identifies protocol violations that undermine the accuracy of the speed reading.
Arizona recognizes the necessity defense when a driver exceeds the speed limit to avoid a greater harm — such as a medical emergency, mechanical failure, or evasion of a dangerous situation on the road. While this defense requires specific factual support, it can result in a complete acquittal when the circumstances justify the speed.
In many Arizona courts, an experienced attorney can negotiate a criminal speeding charge down to a civil traffic violation — eliminating the criminal record entirely. Derek has successfully negotiated reductions in courts throughout Maricopa County, Pima County, and jurisdictions statewide. The likelihood of reduction depends on your speed, driving history, and the specific court.
Criminal speeding enforcement concentrates on Arizona’s major corridors and high-speed areas. The Arizona Department of Public Safety and local police departments deploy speed enforcement resources strategically across the state.
Interstate 10 between Phoenix and Tucson — the 115-mile stretch through the Sonoran Desert — generates a significant volume of criminal speeding citations, particularly near Casa Grande and Eloy where the long straightaways encourage excessive speed. Interstate 17 from Phoenix to Flagstaff sees concentrated enforcement near Black Canyon City and the steep grades approaching Camp Verde. Loop 101 and Loop 202 in the Phoenix metro area — especially the freeway interchange zones near Scottsdale, Tempe, and Chandler — produce high citation volumes during low-traffic hours when drivers push speeds above 85 mph.
In Pima County, the enforcement focus includes I-19 south toward Nogales and the Grant Road and Speedway corridors in Tucson. Flagstaff police and Coconino County deputies actively patrol Route 66 and the I-40/I-17 interchange. Understanding where enforcement concentrates helps explain why certain courts see higher volumes of these cases.
Yes. In many Arizona courts, an experienced defense attorney can negotiate a criminal speeding charge down to a civil traffic violation. This eliminates the criminal record, removes jail possibility, and often allows defensive driving school to dismiss the civil ticket entirely. Derek Oliverson has successfully negotiated these reductions in courts across Maricopa County and statewide.
While criminal speeding carries a maximum of 30 days in jail as a Class 3 misdemeanor, actual jail time is rare for first-time offenders. Judges in Arizona typically impose fines, probation, or traffic school instead. However, aggravating factors such as extremely high speed, prior offenses, or reckless driving can increase the likelihood of jail. Having an experienced attorney significantly improves your outcome.
Yes. Criminal speeding is a Class 3 misdemeanor in Arizona, which means it creates a permanent criminal record. This record appears on standard employment background checks, professional licensing inquiries, and housing applications. Unlike civil speeding tickets, a criminal speeding conviction cannot be dismissed through defensive driving school — another reason why legal defense is essential.
Criminal speeding attorney fees in Arizona typically range based on the complexity of the case and the court location. Derek Oliverson offers free initial consultations and flat-fee pricing so you know exactly what your defense will cost before committing. The investment in experienced legal representation often saves thousands in fines, insurance increases, and lost employment opportunities. Call (480) 582-3637 for a personalized quote.
A criminal record from a speeding charge can follow you for life. Contact Derek Oliverson for a free consultation and protect your driving record and future.
