Arizona Criminal Speed: Laws and Penalties

Most speeding tickets in Arizona are civil traffic infractions — you pay a fine, deal with a few points on your record, and move on. But once your speed crosses certain thresholds, Arizona law reclassifies the offense from a civil violation to a criminal charge. This is criminal speed under ARS 28-701.02, and it changes everything: you are no longer facing a traffic fine but a class 3 misdemeanor with potential jail time, a criminal record, and consequences that follow you far beyond your driving record.

This guide explains what criminal speed is, the specific thresholds that trigger the charge, the penalties you face, how it differs from a regular speeding ticket, and what your options are if you have been charged.

What Is Criminal Speed in Arizona?

Under ARS 28-701.02, a person commits criminal speed — also called "excessive speed" on some citations — by exceeding specific speed thresholds defined in the statute. Unlike a regular speeding ticket where the officer has discretion over whether to cite you, criminal speed is triggered by objective speed measurements that cross clear statutory lines.

The statute defines four separate thresholds that constitute criminal speed:

• Exceeding 85 mph on any road — regardless of the posted speed limit. Even on a highway posted at 75 mph, driving 86 mph technically qualifies as criminal speed.
• 20 mph or more over the posted limit on any road that is not in a residential or school zone area. For example, going 86 mph in a 65 mph zone (21 mph over) triggers criminal speed.
• 35 mph or more in a school zone — school zones in Arizona are typically posted at 15 mph, so exceeding 35 mph in an active school zone meets this threshold.
• 20 mph or more over the posted limit in a residential area — residential streets are commonly posted at 25 mph, so driving 45 mph or faster in a residential zone can trigger a criminal speed charge.

Criminal Speed Thresholds at a Glance

Penalties for Criminal Speed

Criminal speed is classified as a class 3 misdemeanor under Arizona law. While it is the lowest-level misdemeanor classification, it is still a criminal offense with real consequences:

• Up to 30 days in jail
• Fine of up to $500 plus surcharges (surcharges typically double or triple the base fine, bringing the total to $1,000 to $1,500 or more)
• 3 points on your Arizona driving record
• A criminal record — the conviction appears on background checks
• Up to 1 year of probation
• Possible community service

First-time offenders without a prior criminal history rarely receive the maximum 30-day jail sentence, but the possibility exists and judges have discretion. More commonly, first offenses result in fines, surcharges, probation, and the criminal record that accompanies any misdemeanor conviction.

How Criminal Speed Differs from a Civil Speeding Ticket

The distinction between a civil speeding ticket and a criminal speed charge is not just about the fine amount — it changes the fundamental nature of what you are facing. Here is how they compare:

The higher burden of proof in criminal cases is worth noting. In a civil speeding ticket, the court only needs to determine that it is "more likely than not" you were speeding. For criminal speed, the prosecution must prove your speed beyond a reasonable doubt — the same standard used in all criminal cases. This higher bar gives defense attorneys more room to challenge the evidence.

Points on Your Driving Record

A criminal speed conviction adds 3 points to your Arizona driving record — the same as a standard speeding ticket for 11+ mph over the limit. Under Arizona's point system, accumulating 8 or more points within a 12-month period triggers a mandatory Traffic Survival School requirement and can lead to a license suspension.

While 3 points alone will not trigger a suspension, criminal speed is often accompanied by additional charges (such as reckless driving at 8 points) that can push you well past the threshold. If you already have points from a prior violation in the past 12 months, a criminal speed conviction compounds the problem.

Insurance and Background Check Impact

The long-term consequences of a criminal speed conviction often outweigh the immediate penalties. Because criminal speed is a misdemeanor, the conviction creates a dual impact on both your driving record and your criminal record:

• Auto insurance: A criminal speed conviction can increase your premiums by 30% to 50% or more. Insurers view criminal speed as a significant risk indicator, and rate increases typically last 3 to 5 years. Some insurers may decline to renew your policy altogether.
• Background checks: Unlike a civil speeding ticket (which only appears on your driving record), a criminal speed conviction is a misdemeanor that shows up on criminal background checks. This can affect employment applications, professional licensing, apartment rentals, and any situation where a background check is conducted.
• Employment: Certain professions — including law enforcement, government positions, positions requiring security clearances, and jobs involving driving — may be impacted by a criminal speed conviction on your record.
• Professional licensing: Some licensing boards require disclosure of misdemeanor convictions. A criminal speed charge could trigger reporting requirements or review processes for professional licenses in fields like healthcare, law, finance, and education.

Common Defenses Against Criminal Speed Charges

Because criminal speed requires proof beyond a reasonable doubt, there are several defense strategies an experienced attorney can pursue:

Challenging Radar or Lidar Accuracy

Speed measurement is the foundation of every criminal speed case. Defense attorneys commonly challenge the accuracy of the equipment used:

• Calibration records: Radar and lidar devices must be regularly calibrated to ensure accuracy. If the device was not calibrated according to the manufacturer's schedule, or if calibration records are missing or incomplete, the speed reading may be challenged.
• Officer training and certification: The officer operating the radar or lidar device must be properly trained and certified. If training records show the officer's certification lapsed or the officer used the device outside their training parameters, the measurement can be questioned.
• Environmental interference: Radar signals can be affected by nearby vehicles, road geometry, weather conditions, and electronic interference. An attorney may argue that the reading attributed to your vehicle was actually from a different vehicle or distorted by environmental factors.

Speed Survey Challenges

Arizona law requires that speed limits be set based on engineering and traffic surveys. If the posted speed limit on the road where you were cited was not established through a proper speed survey — or if the survey is outdated — an attorney may challenge the validity of the posted limit itself. If the posted limit is found to be improperly set, the "20 mph over" threshold may not apply.

Emergency or Necessity Defense

In rare cases, a driver may have a valid reason for exceeding the criminal speed threshold — such as a medical emergency, avoiding an imminent collision, or fleeing a dangerous situation. The necessity defense requires demonstrating that the danger you were avoiding was greater than the danger created by your speed and that there was no reasonable alternative.

Challenging the Speed Zone Classification

If you were charged under the residential or school zone thresholds, an attorney can examine whether the area where you were cited actually qualifies as a residential area or active school zone under Arizona law. Improperly marked zones, missing signage, or inactive school zone flashers can form the basis of a defense.

What to Do If You Are Charged with Criminal Speed

A criminal speed charge requires a different approach than a standard speeding ticket. Here is what you should do:

1. Understand that this is a criminal charge. You cannot resolve criminal speed by paying a fine online. You are required to appear in court, and the outcome will affect your criminal record. Treat it with the same seriousness as any other criminal charge.
2. Do not ignore the court date. Failing to appear for a criminal speed hearing will result in a bench warrant for your arrest and a suspended license. The court will not dismiss the charge because you did not show up — it will get worse.
3. Document the circumstances. Record everything you remember about the stop: where you were, the road conditions, traffic volume, whether you saw the speed limit sign, what the officer told you about your speed, and what device they used. Note the exact location — was it truly a residential area or school zone if those thresholds were applied?
4. Consult with a criminal defense attorney. Criminal speed cases are fought differently from civil traffic tickets. An experienced attorney understands how to challenge speed measurements, negotiate with prosecutors for reduced charges, and present defenses that can result in dismissal or acquittal. Many criminal speed cases are resolved through plea agreements that reduce the charge to a civil speeding violation — eliminating the criminal record and often making the driver eligible for traffic school.

Frequently Asked Questions

What is criminal speed in Arizona?

Under ARS 28-701.02, criminal speed applies when you exceed 85 mph on any road (regardless of the posted limit), drive 20 mph or more over the posted limit on a non-residential road, exceed 35 mph in a school zone, or drive 20 mph or more over the posted limit in a residential area. Meeting any one of these thresholds is enough for a criminal speed charge. It is classified as a class 3 misdemeanor — a criminal offense that carries up to 30 days in jail, fines up to $500 plus surcharges, and 3 points on your driving record.

Can you go to jail for criminal speed in Arizona?

Yes. Criminal speed is a class 3 misdemeanor, and the maximum penalty includes up to 30 days in jail. While first-time offenders without a criminal history are unlikely to receive the maximum sentence, jail time is within the judge's discretion. Even if jail is not imposed, you face fines, surcharges, probation, a criminal record, and points on your driving record. The criminal record is often the most consequential penalty because it affects background checks for years.

Is criminal speed the same as reckless driving in Arizona?

No. Criminal speed (ARS 28-701.02) and reckless driving (ARS 28-693) are separate charges. Criminal speed is triggered by specific speed thresholds — exceeding 85 mph, 20+ mph over the limit, or 35+ mph in a school zone. Reckless driving is charged when a driver operates a vehicle with "reckless disregard for the safety of persons or property" and does not require a specific speed. However, the two charges frequently overlap, and prosecutors can file both from a single stop. Criminal speed is a class 3 misdemeanor (up to 30 days in jail), while reckless driving is a class 2 misdemeanor (up to 4 months in jail).

Will criminal speed show up on a background check?

Yes. A criminal speed conviction is a misdemeanor on your criminal record, not just a mark on your driving record. It will appear on standard criminal background checks used by employers, landlords, licensing boards, and others. This is one of the most important distinctions between criminal speed and a civil speeding ticket — a civil ticket stays on your driving record only, while criminal speed becomes part of your criminal history.

Can I go to traffic school to dismiss a criminal speed charge?

No. Arizona's defensive driving school option is limited to civil traffic violations where you were driving less than 20 mph over the posted limit. Criminal speed, by definition, involves speeds that exceed the traffic school eligibility threshold. However, an attorney may be able to negotiate a plea agreement that reduces the criminal speed charge to a civil speeding violation. If the charge is successfully reduced, the civil violation may then be eligible for traffic school dismissal — effectively clearing both the criminal charge and the points.