Although getting stopped for speeding is a common, everyday occurrence, many don’t realize that there are severe consequences associated with a criminal speeding violation (also known as an excessive speeding violation). The Arizona criminal speed statute covers a diverse array of circumstances under which one can be convicted, and what you don’t know can hurt you. Arizona takes a much harsher approach to these criminal speed tickets. Given Arizona’s somewhat severe penalties for criminal speeding violations, talking with one of our Lake Havasu City criminal speed lawyers may be your best option to understand the various aspects of your particular case and work to avoid such severe penalties. If you are cited for criminal speed in or near Lake Havasu City Arizona, chances are your case is out of one of the following courts including: Lake Havasu City Municipal Court or the Lake Havasu City Justice Court or Lake Havasu City Consolidated Court, or nearby Parker Justice Court, either way we can help.
What is a Criminal Speed Violation, and what are the consequences?
When you are pulled over for speeding in Arizona, there can be a variety of factors that can influence the type of citation that you receive. It is actually the officer’s discretion whether to write you a civil speed violation OR a criminal speed misdemeanor violation. In making the decision officers may consider the exact speed they think you were traveling, road conditions, weather, signage that’s posted in the area, and the location of the traffic stop. If the officer chooses to cite you for a civil speed violation, it tends to be less harsh, and may result in no potential criminal record, but comes with 3 points on your driving record, along with the option to either pay a fine or attend driving school.
Alternatively, Let’s say the officer chooses to cite you for a Criminal speeding charge, which can be found under Arizona Statute § 28-701.02 are much more severe, and are defined as follows:
exceeding 35 mph approaching a school crossing.
exceeding the posted speed limit in a business or residential district by more than 20 mph, or if no speed limit is posted, exceeding 45 miles per hour.
exceeding 85 mph in other locations.
Violating any of these subsections is classified as a class 3 misdemeanor, punishable by up to 1 month in jail, $500 in fines, and up to a year of probation, not to mention the insurance and immigration challenges that may accompany a criminal record. If you have other previous convictions on your record, such as a DUI, then the charges against you may result in harsher consequences. Now this does not guarantee you’ll get these consequences only what the maximum is for that level of misdemeanor.
Can’t I just complete Online Defensive Driving School for this?
The general answer is no, criminal speed charges are not automatically eligible for traffic school. However, in some cases, the court, in its sole discretion, may allow you to attend defensive driving school in order to dismiss the ticket outright. But this is never a guarantee. Therefore, with so much at stake, hiring one of our qualified Lake Havasu City criminal speed attorneys can be a big asset for your case.
How do you defend against a criminal speeding charge in court?
Finding technological errors: Because of the precise wording of the Arizona statute, finding error in the methods used by an officer (I.e. how he/she obtained your speed, etc.) can be an effective way to repel such charges.
Checking the facts: Information such as your location and speed at the time of the charge can be used to refute some of the provisions under which criminal speed violations can be issued can also be possible defenses that should be looked into.
Let one of our Criminal Speed Lawyers help defend you and work towards the best outcome possible.
Consult a Qualified Lake Havasu City Criminal Defense Attorney Today
If you have been charged with a criminal speeding/excessive speed or any other misdemeanor or felony in Lake Havasu City, it makes sense to consult the qualified Lake Havasu City criminal speed lawyers at The Law Offices of Brandon White. Contact our firm today to schedule a complimentary strategy session with one of our criminal defense attorneys.