Excessive Speeding

Most people have been pulled over and issued a speeding citation at one point in their lives. However, the vast majority of the time, a speeding ticket isn’t all that serious. However, that’s not the case if you were cited for excessive speeding or criminal speeding, as it’s more commonly referred to in Phoenix. In fact, if you are convicted of excessive speeding, you’ll end up with a criminal record.

At the Law Office of James E. Novak, our experienced criminal speeding lawyer has extensive hands-on experience defending the rights and freedoms of clients charged with excessive speeding. We command an intimate knowledge of the substantive and procedural rules that govern these cases, as well as the best speeding defenses. We’re also immediately available to meet with you to discuss how we can help you handle your case.

In Arizona, excessive speeding is defined under Arizona Revised Statutes (A.R.S.) 28-701.02. The law provides two ways in which a driver can be charged with criminal speeding:

1. Exceeding the Posted Speed Limit by Over 20 mph: A driver is considered to be criminally speeding if they exceed any posted speed limit by more than 20 miles per hour. This means, for instance, if the speed limit is 55 mph, driving at 75 mph or more would constitute criminal speeding​​.
2. Driving at Speeds of 85 mph or Higher: A driver can also be charged with criminal speeding for traveling at a speed of 85 miles per hour or faster, regardless of the posted speed limit. This applies to any road in Arizona​​​​, even those where the speed limit is 75 mph, such as on parts of Interstate 80 and Interstate 10.
3. Driving 35 mph in a School Zone: Section 28-701.02 has a specific provision for school zones, which provides that traveling 35 miles per hour or more in a school crossing is also considered criminal speeding.

Excessive speeding is considered a Class 3 misdemeanor, which carries a possible sentence of up to 30 days in jail and a fine of up to $500. Additionally, three points will be added to your driver’s license, which will put some drivers over the Arizona Department of Transportation threshold of eight points in 12 months.

Any excessive speeding defense lawyer in Tempe knows that these cases can be challenging to defend. This is because it’s often your word versus the officer’s word, which isn’t a great position to be in. However, there are some good defenses to speeding, which include:

• Challenging the accuracy of the device used to measure your speed;
• Arguing that your speed was within the device’s margin of error;
• Pointing to inconsistencies in the officer’s testimony or paperwork; and
• Technical challenges to the way in which the prosecutors charged you (i.e., you were charged under the wrong subsection).

Additionally, in rare cases, you may have been justified in speeding, such as if you were transporting someone to the hospital. And, while it isn’t exactly a defense, some judges will allow you to complete defensive driving school. If you complete the course, the charges may be dismissed entirely.

If you were recently charged with speeding, it’s important you understand your rights as well as what’s at stake. If you are convicted, it could result in the loss of your driving privileges, and if you drive for work, it could also affect your employment. At the Law Office of James E. Novak, we take a comprehensive approach to every traffic case we handle, ensuring we consider all possible defenses before working with you to develop a compelling strategy to minimize the impact the case has on the rest of your life. To learn more, and to schedule a free consultation with a Maricopa County excessive speeding attorney today, call Attorney Novak at (480) 413-1499. You can also connect with us through our secure online contact form.