Scottsdale Criminal Speeding Lawyer
Criminal speeding differs from a regular speeding ticket. It is a criminal offense usually charged when a driver exceeds the speed limit by substantial margins. A conviction for criminal speeding could lead to a jail sentence.
Many drivers are confident contesting traffic tickets without help from a seasoned defense attorney, but the risks are higher in these cases. A conviction creates a criminal record that will follow you for life. Working with a Scottsdale criminal speeding lawyer at Grand Canyon Law Group ensures you get the most effective representation, possibly preserving a clean criminal history.
The Difference Between Criminal and Civil Speeding
Most of the speeding tickets police issue in Arizona are civil tickets. If the driver pleads guilty or is convicted, they pay a fine and get three points on their license.
Criminal speeding is a misdemeanor criminal offense, and a driver could be arrested. Conviction means the driver has a criminal record. There is no expungement process in the state, so the stain on their record will remain forever.
Arizona Revised Statutes § 28-701.02 describes criminal speeding. A prosecutor could pursue this charge when a vehicle was moving at speeds of:
- More than 35 miles per hour in a school zone
- 20 miles per hour over the speed limit
- 85 miles per hour or higher on a highway or freeway
Penalties for criminal speeding can be harsh. Like civil speeding, a conviction leads to three points on an offender’s driver’s license, but fines could exceed $500 with surcharges. In some cases—if the driver is a repeat offender, the speed was outrageous, or they caused an accident—a driver could receive a 30-day jail sentence. Successfully defending these cases requires the assistance of a skilled Scottsdale criminal speeding attorney.
Challenging a Criminal Speeding Charge
Challenging criminal speeding charges requires a focused approach. Examining the officer’s training and behavior and the speed detection device’s reliability could provide sufficient material to convince a prosecutor to drop the criminal charge. Achieving a result that does not leave the driver with a criminal record is the goal.
Depending on the circumstances of the ticket, a diligent attorney could review the officer’s report, notes on the traffic stop, and their training records to ensure they are competent to operate the standard speed detection devices. They could also seek the police car’s dashcam footage and the officer’s body cam recordings. Finally, a proactive legal professional could analyze the records of the speed measurement device, including purchase receipts, calibration records, and maintenance and repair orders.
Information about the driver, their family, their career or academic activities, and their role in the community may also be important. Information showing a productive life could help mitigate the consequences and convince a prosecutor or judge to resolve the charge in a way that does not have permanent consequences for the driver.
Possible Resolutions for a Criminal Speeding Charge
As former prosecutors turned dedicated criminal defense attorneys, we know that aggressively seeking information in a case can bring a favorable result just because prosecutors usually do not want to spend a lot of time on a speeding charge. When the defendant’s attorney requests comprehensive records about the speed detection device, for example, the prosecutor understands that the defendant plans to contest the charge vigorously.
In many cases, prosecutors will offer to reduce the charge to civil speeding, which carries the same number of points but is not a criminal conviction. Dismissing the charge through attendance at defensive driving school could be an option if a judge approves it. If the traffic stop was legally improper, the police officer has a history of falsifying arrest reports, or if law enforcement committed any legal mistakes during the pursuit and arrest or ticketing, a capable criminal speeding lawyer in Scottsdale could request complete dismissal of the charges.
Enlist the Help of a Scottsdale Criminal Speeding Attorney
Learning that you could acquire a criminal record due to speeding is a shock to many people. The consequences of a criminal conviction could have an impact on your work, housing, schooling, and other opportunities.
Do not try to defend yourself when the consequences carry so much weight. Trust a local criminal attorney to manage your defense. Call today to speak with a Scottsdale criminal speeding lawyer at Grand Canyon Law Group.