Criminal Speeding

Tucson Criminal Speeding Attorney

One of the most common criminal traffic violations is criminal speeding. Criminal speeding is charged if a driver is exceeding the speed limit by 20 mph, or exceeds 85 mph regardless of the posted speed limit. Some officers will initially reduce the violation to a civil speeding, but sometimes, the officer will cite for criminal speeding.  Elias Damianakos is an experienced Tucson criminal speeding attorney and criminal traffic attorney defending against all Tucson criminal traffic cases.

Criminal speeding is found in A.R.S. § 28-701.02(A). It provides as follows:

A. A person shall not:

1. Exceed thirty-five miles per hour approaching a school crossing.

2. 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.

3. Exceed eighty-five miles per hour in other locations.

B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.

C. A person 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.

Defenses to Criminal Speeding

Criminal speeding is a class 3 misdemeanor.  Therefore, the prosecutor must prove the charge beyond a reasonable doubt, unlike in civil speeding cases in which the burden of proof is much lower.  There are several defenses that may be available in a trial for criminal speeding such as failure to present evidence on each element of the offense, including the element of “notice.”

Do I Have to Appear in Court?

Unless you have retained counsel, you will have to appear at all your court hearings if you are charged with a criminal speeding offense, even if you live outside of Arizona. Like any other criminal case, a prosecutor will be assigned to the case, and you must attend case management or pretrial conferences. The regular rules of criminal procedure and evidence apply. It is strongly recommended hiring an experienced attorney if you are cited with criminal speeding.