Criminal & Excessive Speeding (A.R.S. 28-701.02)
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Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. 28-701.02, Criminal Speeding occurs when a person is either traveling 21 miles or more over the posted speed limit, or is exceeding 35 miles per hour when approaching a school crossing. Oftentimes, officers will come up behind a person and “pace” them doing more than 21 miles over the posted speed limit within the city limits.
In addition, people are often cited for going 21 or more miles an hour over the posted speed limit on the freeway while traveling north to Flagstaff, or south to Tucson. Lastly, many times local police departments will put out enforcement units during the start of a school year in which they will catch people exceeding 35 miles an hour when “approaching a school crossing.” This last scenario can oftentimes be very vague because there is no definitive distance from a school crossing a person needs to be before they have violated the law.
Possible Punishment for Excessive Speeding
If you are charged and convicted for one of these scenarios of Criminal Speeding, the punishment will be a Class 3 misdemeanor. This includes up to 30 days in jail and a $500 fine with an additional surcharge of 84%. In addition, there are often Driver’s License and insurance rate ramifications. It’s essential to have a criminal speeding lawyer for your case.
Possible Defenses for Criminal Speeding
One of the biggest and most common defenses utilized in defending these types of charges would be to attack the officer’s speedometer accuracy on his own vehicle and whether he indeed had the ability to “pace” an individual correctly. The speedometers on police vehicles are required to be calibrated at regular intervals. Many times they are not. Next, attacking a radar device can also be highly effective in speeding cases. Officers are supposed to calibrate their radar devices at the beginning of each shift and after they complete their shift. Many times, they do this by utilizing two different tuning forks that emit specified frequencies that are supposed to match hypothetical speed. Often times officers fail to properly check and record it in the log books prior to beginning a shift. In addition, many of these devices have been shown to have problems in the past (such as the Falcon 4 radar device). Lastly, the charge of exceeding 35 miles per hour when approaching a school zone is, in our opinion, unconstitutionally “vague.” For example, what if you were traveling 40 miles per hour in a 40-mile-an-hour zone half of a mile away from the beginning of a school zone? Distance in the statute is defined as “approaching a school crossing?” This is another defense that we have utilized successfully in many of these cases.
Often, prosecutors will offer some type of civil ticket which can include 3 points on your license; however, those 3 points will dramatically increase an individual’s insurance premiums. We are often able to get the prosecutor to agree to a “civil ticket,” and then allow, through a request to the judge, our client to attend a traffic school which ultimately wipes out the citation altogether. This is most often of great importance for those with Commercial Driver’s Licenses (i.e., CDLs), those who have too many points on their license already and/or those whose license would subsequently be suspended for having any additional points on their record.
Additionally, because our law firm fights convictions from all angles, we would assert a wide range of defenses and challenges regarding constitutional violations, which can apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda Rights Violation.” In Arizona, the standard of whether any incriminating statement, (i.e., a statement which intends to admit guilt) is only admissible into evidence based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or an inculpatory statement, or that they did not properly read your Miranda rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, “Denial of Right to Counsel,” is another common defense that is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied that request, and the questioning continues.
Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which includes everything from misstatements, false statements and flawed photo lineups to witness identification procedures and inaccurate crime-scene reconstruction.
Experienced Criminal Speeding Lawyers who are Beyond Aggressive
The DM Cantor Defense Team is highly versed in all areas of vehicular criminal law, including felony and misdemeanor charges of DUI, DWI, vehicular manslaughter, aggressive driving, reckless driving, unlawful flight from police, hit-and-run, and other vehicular-related crimes.
DM Cantor has included former prosecutors from the following jurisdictions: the State of Arizona Attorney General’s office, the City of Glendale prosecutor’s office, the City of Glendale prosecutor’s office, the City of Glendale prosecutor’s office, the City of Goodyear prosecutor’s office, the Maricopa County Attorney’s office, and the U.S. Attorney’s office.
If there is any defense to a criminal allegation of speeding, the experienced Criminal Speed Attorneys in Arizona on the DM Cantor Criminal Defense Team will find it and utilize it to your benefit.
Our Team, along with the numerous expert witnesses at their disposal, can give you your best chance for a complete acquittal or reduction of the charges.
Why Hire a DM Cantor Criminal Speeding Lawyer?
If you find yourself facing criminal speeding charges under Arizona Revised Statute 28-701.02, DM Cantor is the criminal speeding lawyer you can trust to fight for your rights.
DM Cantor can help you understand all the charges you are facing, build a defense strategy tailored to your situation, and provide the experienced representation you need to achieve the best possible outcome for your case. With over 20 years of experience in criminal defense law, DM Cantor has the expertise and resources necessary to provide you with a rigorous defense. Whatever the facts of your case, you can count on DM Cantor to provide you with the personalized attention you need to navigate the criminal justice system.
Board Certified Criminal Law Specialization
As of the start of 2023, the State Bar of Arizona Board of Legal Specialization listed only 56 Criminal Law Specialists in the entire state. Of these 56, only 39 are located in Maricopa County and are allowed to handle private cases.
DM Cantor has 3 Criminal Law Specialists, the most of any firm in Arizona.
When defending Vehicular Crime allegations, it is critical to have as many Board Certified Criminal Law Specialists on your legal team as possible.
The specialization process is so rigorous that only 23 current Criminal Law Specialists have been certified in the last 20 years.
In addition, all specialists must be approved for re-certification every 5 years.
At DM Cantor, our attorneys have conducted Jury Trials on countless Criminal Speeding & Excessive Speeding cases.
Every case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the case’s progress.
We wouldn’t have it any other way.
Why Hire a Board Certified Criminal Law Specialist?
Engaging a Board Certified Criminal Law Specialist is crucial when facing charges related to criminal speeding. Unlike typical speeding violations, criminal speeding carries more severe consequences, potentially leading to fines, license suspension, and even criminal records. With a specialized lawyer by your side, you benefit from their intricate understanding of the law’s nuances surrounding criminal speeding. They can meticulously review the circumstances of your case to identify potential errors or inconsistencies that could weaken the prosecution’s stance, giving you a stronger chance to contest the criminal speeding ticket.
A Board Certified Criminal Law Specialist possesses the knowledge and experience necessary to guide you through the complex legal procedures associated with criminal speeding charges. Their expertise in navigating the intricacies of speed limits, traffic regulations, and the broader legal landscape enables them to craft a tailored defense strategy. By collaborating closely with a specialist, you can maximize your chances of minimizing the impact of a criminal speeding conviction. Their adept negotiation skills can potentially lead to reduced fines, minimized penalties, or even the dismissal of charges, ultimately safeguarding your driving record and preserving your peace of mind.
It is important to hire the right Criminal Speeding Lawyer in order to have these charges completely dismissed, if possible. We have handled hundreds of cases such as these and have had them successfully defended in court. Visit our case victories page and click on Criminal Speeding in order to view our most recent successes.