Criminal speeding charges in Arizona can occur unexpectedly and have serious consequences. If you’re facing a first criminal speeding ticket in Arizona, you’re likely feeling unsure of what to do next. This article will guide you through the process, explaining what criminal speeding is, its consequences, and your options for handling the charge.
What counts as criminal speeding in Arizona?
In Arizona, criminal speeding is defined as driving over 85 mph on any roadway, exceeding the posted speed limit by 20 mph or more, or driving faster than 35 mph when approaching a school crossing. These violations are considered more serious than typical speeding infractions and are treated as criminal offenses rather than civil violations.
Understanding the gravity of a criminal speeding charge is key for navigating the legal process effectively. Unlike a regular speeding ticket that you might simply pay and move on from, criminal speeding can have long-lasting impacts on your driving record, insurance rates, and even your personal life.
Understanding the consequences of criminal speeding
When you’re hit with a criminal speeding charge, the potential fallout extends far beyond a simple fine. The repercussions can affect various aspects of your life, impacting everything from your wallet to your future job prospects.
Potential fines and penalties
If you’re convicted of criminal speeding, you could be looking at fines of up to $500, plus additional surcharges that can substantially increase the total amount you owe. While it’s less common for first-time offenders, judges have the authority to impose jail time of up to 30 days. You might also find yourself on probation for up to a year, which can come with its own set of restrictions and requirements.
Impact on driving record
A criminal speeding conviction isn’t just a temporary mark on your driving record. It adds 3 points to your Arizona driving record, and if you accumulate 8 or more points within a 12-month period, you could be facing a license suspension. What’s more, unlike regular speeding tickets, criminal speeding convictions are permanent marks on your record. They can’t be erased through defensive driving school, serving as a lasting reminder of your offense.
Insurance implications
You may face additional financial consequences when it comes to your auto insurance. Insurance companies view criminal speeding as a serious offense, often resulting in major premium increases. These higher rates can persist for several years, costing you hundreds or even thousands of dollars over time.
Legal process for criminal speeding charges
Facing a criminal charge, even for speeding, can be intimidating. Understanding the legal process can help you feel more prepared and make informed decisions as you move forward.
Initial court appearance
After receiving a criminal speeding ticket, you’ll be required to appear in court. This appearance is not a simple administrative procedure, but rather a formal legal proceeding. At this initial appearance, you’ll be asked to enter a plea of guilty, not guilty, or no contest. It’s important to understand that pleading guilty right off the bat may not be in your best interest, as it limits your options for defense or negotiation.
Plea options
When it comes to entering your plea, you have several options:
- Guilty: This means you’re admitting to the offense as charged.
- Not guilty: By pleading not guilty, you’re contesting the charge and indicating that you want to proceed to trial.
- No contest: With this plea, you’re neither admitting guilt nor contesting the charge, but you’re accepting the punishment.
Each of these options can greatly impact the course of your case. It’s often wise to consult with an attorney before making this decision, as they can help you understand the potential consequences of each plea.
Potential outcomes
Depending on your plea and the specifics of your case, there are several potential outcomes:
- You could be convicted and face full penalties.
- The charges might be reduced, perhaps to a regular speeding ticket.
- In some cases, the charges might be dismissed entirely.
- Some jurisdictions offer deferred prosecution or diversion programs, especially for first-time offenders.
Remember, the outcome of your case can have long-lasting effects on your driving record and personal life, so it’s important to approach the legal process thoughtfully and with proper guidance.
Defenses against criminal speeding charges
While facing a criminal speeding charge can feel daunting, it’s important to know that you have options for defense. Depending on the circumstances of your case, several strategies might be available to challenge the charges against you.
Challenging radar or laser evidence
One common defense strategy involves questioning the accuracy of the speed measurement devices used by law enforcement. Radar guns and laser devices, while generally reliable, have potential margins of error. Factors such as improper calibration, operator error, or even environmental conditions can affect readings. An experienced attorney may be able to challenge the reliability of this evidence, potentially weakening the case against you.
Necessity or emergency situations
In some cases, your speeding might have been necessary due to an emergency situation. For instance, if you were rushing someone to the hospital or trying to escape a dangerous situation, this could be considered a mitigating factor. While it doesn’t automatically excuse the behavior, it may influence how the court views your case and potentially lead to reduced charges or penalties.
Improper signage or road conditions
Another potential defense involves the road conditions at the time of the incident. If speed limit signs were obscured, missing, or if road conditions made it difficult to determine the correct speed limit, this could potentially be used as part of your defense strategy. Similarly, if construction or other temporary changes to the road weren’t properly marked, this might affect how your case is viewed.
Hiring an attorney vs. self-representation
When you’re facing a criminal speeding charge, one of the biggest decisions you’ll need to make is whether to hire an attorney or represent yourself. Both options have their pros and cons, and the right choice depends on your specific situation.
Benefits of legal representation
Having an experienced traffic attorney on your side can offer several advantages:
- They can navigate the legal system more effectively, understanding the nuances and potential pitfalls that you might miss.
- An attorney can identify potential defenses that you might overlook.
- They can negotiate with prosecutors, potentially securing reduced charges or penalties.
- Having legal representation can save you time and stress by handling court appearances and paperwork on your behalf.
Often, professional legal representation can lead to better outcomes and provide peace of mind during what can be a stressful legal process.
Costs associated with hiring an attorney
Of course, legal representation comes at a cost. Legal fees for criminal speeding cases can vary widely depending on the complexity of your case and the attorney’s experience. While this represents an additional expense, it’s important to weigh this against the potential long-term costs of a conviction, including higher insurance rates and possible impacts on your employment.
When self-representation may be appropriate
In some cases, you might consider representing yourself:
- If you have a clear understanding of the law and court procedures
- When the evidence against you is minimal
- If you’re comfortable negotiating and speaking in court
- When the potential consequences are less severe (for example, if there’s no risk of job loss)
However, given the criminal nature of the charge, it’s generally recommended to at least consult with an attorney, even if you ultimately decide to represent yourself. They can provide valuable insights into your case and help you understand the potential risks and benefits of self-representation.
Steps to take after receiving a criminal speeding ticket
The actions you take immediately after receiving a criminal speeding ticket can greatly impact the outcome of your case. Here are some important steps to consider:
Gathering evidence
Start collecting any evidence that might support your case. This could include:
- Photos of the area where you were stopped, showing any relevant road conditions or signage
- Weather reports from the day of the incident
- Maintenance records for your vehicle, especially if there’s any question about your speedometer’s accuracy
This evidence can be key in building a strong defense or negotiating for reduced charges.
Documenting the incident
As soon as possible after the incident, write down everything you remember. Include details such as:
- The exact location and time of the stop
- Road and weather conditions
- Any conversations you had with the officer
Detailed documentation can help refresh your memory later and provide important information to your attorney if you choose to hire one.
Contacting witnesses
If there were passengers in your car or other potential witnesses to the incident, get their contact information. Ask if they’d be willing to provide a statement about what they observed. Witness testimony can be valuable in supporting your version of events.
By taking these proactive steps, you’re putting yourself in a better position to address the charges effectively, whether you choose to hire an attorney or represent yourself.
Potential long-term impacts of a criminal speeding conviction
A criminal speeding conviction can have consequences that extend far beyond the immediate legal penalties. It’s important to consider these potential long-term impacts when deciding how to handle your case.
Employment considerations
Many employers conduct background checks that may reveal criminal convictions. A criminal speeding charge could potentially affect your current job or future employment opportunities, especially if driving is a key component of the position. Some employers may view a criminal conviction, even for speeding, as a red flag indicating risky behavior.
Future insurance rates
One of the most notable long-term impacts of a criminal speeding conviction can be on your insurance rates. You could be facing much higher premiums for several years following the conviction. In some cases, your current insurance company might even drop your coverage, forcing you to seek high-risk insurance at much higher rates.
Travel restrictions
While it might not be the first thing on your mind, a criminal conviction, even for speeding, can complicate international travel. Some countries may deny entry to individuals with criminal records, potentially affecting both personal and business travel plans. This is particularly important to consider if your job involves international travel or if you have family abroad.
Options for reducing charges or penalties
Even if you’re facing a criminal speeding charge, there may be options available to reduce the charges or penalties. Here are a few strategies that might help:
Plea bargaining
If you have legal representation, your attorney may be able to negotiate with the prosecutor to reduce the charge to a lesser offense, such as regular speeding. This can substantially reduce the long-term consequences of the incident, potentially avoiding the criminal conviction altogether.
Traffic school or defensive driving courses
While these typically don’t apply to criminal speeding charges in Arizona, in some cases, a judge might allow completion of a course in exchange for reduced penalties. This option is more likely to be available for first-time offenders or in cases where the speed wasn’t excessively high.
Community service
In some instances, a judge may be willing to reduce fines or other penalties in exchange for community service hours. This can be a way to demonstrate your commitment to making amends and contributing positively to your community.
Preparing for your court appearance
If you need to appear in court, proper preparation can make a big difference in how you’re perceived by the judge and prosecutor. Here are some tips to help you prepare:
What to wear
Dress professionally and conservatively, as if you were going to a job interview. This shows respect for the court and can make a positive impression. Avoid overly casual clothing, flashy jewelry, or anything that might be considered disrespectful or inappropriate for a courtroom setting.
What to bring
Make sure you have all relevant documents with you, including:
- Your ticket
- Driver’s license
- Insurance information
- Any evidence or documentation supporting your case
Being well-prepared demonstrates your commitment to addressing the charge seriously and responsibly.
How to conduct yourself
Your behavior in court can be just as important as the facts of your case. Be respectful, polite, and professional at all times. Address the judge as “Your Honor” and speak clearly and concisely when asked to do so. Avoid interrupting others or showing signs of frustration or anger, even if you disagree with what’s being said.
By following these guidelines, you’ll present yourself in the best possible light, which can potentially influence the outcome of your case.
Handling a first-time criminal speeding charge in Arizona is a serious matter that requires careful consideration and action. By understanding the potential consequences, exploring your legal options, and taking appropriate steps to address the charge, you can work towards the best possible outcome for your case. Remember, each situation is unique, and seeking professional legal advice is often the best way to navigate these challenging circumstances.
Do You Need to Speak with a Criminal Defense Lawyer?
If you are someone you love is facing a criminal charge, contact the criminal defense attorneys at Salwin Law Group. Stewart Salwin is a former prosecutor who now dedicates his practice to helping clients facing criminal speeding and other related charges. He has the knowledge and experience to identify the strengths and weaknesses in the case against you. If you are facing criminal charges in Arizona, call Salwin Law Group today at (480) 702-1789 or fill out a short contact form on our website for a free consultation to discuss your case and how we can help.
Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a Scottsdale criminal defense law firm based in the greater Phoenix area. His practice is primarily dedicated DUI-defense work. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
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