Click Here for Free Consultation

Criminal & Excessive Speeding in Arizona (A.R.S. 28-701.02)

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, exceeding 85 miles per hour on a freeway, or is exceeding 35 miles per hour when approaching a school zone. Most often, the first two scenarios are charged while traveling on a freeway. Often times, 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, many times people are cited for going 86 miles an hour, or more, 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 zone.” This last scenario can often times 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 the three 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 is often Driver’s License and insurance rate ramifications.


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 truly had the ability to “pace” an individual properly.  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 which 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 in “approaching a school zone?”  This is another defense that we have utilized successfully in many of these cases.

Many times, 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 completely wipes out the citation altogether.  This is most often of great importance for those with Commercial Driver’s Licenses (i.e., CDLs), or 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 which 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.

Other defenses which can be used in more serious cases may include challenging the validity of any search warrant or whether there were any “forensic flaws” during the investigation of your case.  Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, urine testing; finger-print analysis; DNA testing; ballistics; gun-shot residue testing; computer analysis/cloning hard-drive procedures; forensic and financial accounting reviews; etc.

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.


It is important to hire the right Criminal Speeding defense lawyer in order to have these charges completely dismissed.  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.

Call Us 24/7 (602) 307-0808
or
Request a Free Consultation

Fill out the form below to receive a free and confidential initial consultation.

Click here for important legal disclaimer.

CURRENT/PAST ASSOCIATIONS & AWARDS


10.0 Superb Rating AVVO Criminal Defense

10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

AV-Highest Rated Preeminent Lawyers
Martindale-Hubbell


Life Member
National Association of Criminal Defense Lawyers

Super Lawyer Criminal & DUI Defense

Super Lawyer
Criminal & DUI Defense


Board Certified in DUI Defense Law **
National College for DUI Defense

Ranking Arizona

Voted #1 (2020)
Ranking Arizona

Nation's Top 1% Attorney National Association of Distinguished Counsel

Top 1% Attorney
National Association of Distinguished Counsel

Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

Client Satisfaction Award American Institute of DUI / DWI Attorneys

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer American Society of Legal Advocates

Top 100 Lawyer
American Society of Legal Advocates

Member National College for DUI Defense

Member
National College for DUI Defense

Top 10 Attorney National Academy of Criminal Defense Attorneys

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member Trial Masters

Charter Member
Trial Masters

Member DUI Defense Lawyers Association

Member
DUI Defense Lawyers Association

Lifetime Charter Member Best Attorneys of America

Lifetime Member
Best Attorneys of America

Member American Bar Foundation

Member
American Bar Foundation

Sustaining Member Arizona Trial Lawyers Association

Sustaining Member
Arizona Trial Lawyers Association

America's Top 100 Criminal Defense Attorneys

Member
America's Top 100 Criminal Defense Attorneys

Member American Association for Justice

Member
American Association for Justice

Life Member Arizona Attorneys for Criminal Justice

Life Member
Arizona Attorneys for Criminal Justice

Superior DUI Attorney National Advocacy for DUI Defense

Superior DUI Attorney
National Advocacy for DUI Defense

Superior DUI Attorney National Advocacy for DUI Defense

2019 Litigator of the Year
(Criminal Law)

American Institute of Trial Lawyers

Member Since 1989 American Bar Association

Member Since 1989
American Bar Association

DUI Expertise

Best DUI Lawyers in Phoenix
Expertise

DM Cantor

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
Click here for Directions

For Family Law questions please go to Cantor Law Group.

"We Outwork the Other Side™"
"We Outwork the Other Guys™"

Call Now Button