When you see flashing lights in your rearview mirror, one question matters more than almost any other: is this a civil infraction or a criminal charge? The answer determines everything — whether you face a fine or jail time, whether the violation shows up on a background check, and whether you need a traffic attorney or a criminal defense lawyer.
Arizona law draws a clear line between civil traffic violations and criminal traffic offenses. This guide explains the difference, lists the most common violations in each category, and helps you understand what you are actually facing so you can take the right next step.
Key Takeaways
- Civil traffic violations — are non-criminal infractions — fines and points, but no jail time or criminal record
- Criminal traffic violations — are misdemeanors or felonies — jail or prison time, probation, and a permanent criminal record are all possible
- Violations can escalate — from civil to criminal depending on severity (e.g., speeding to criminal speed)
- Different courts — civil tickets are handled in traffic court; criminal charges go through criminal court with the right to a jury trial
- Traffic Ticket Buddy covers civil violations — criminal charges trigger a referral to a criminal defense attorney
Civil Traffic Violations in Arizona
A civil traffic violation is a non-criminal infraction. It is not a crime. You will not be arrested, you will not go to jail, and it will not appear on a criminal background check. What it will do is cost you money (fines), add points to your driving record, and potentially increase your insurance rates.
Civil violations are governed by Title 28 of the Arizona Revised Statutes and are handled in traffic court or municipal court. The standard of proof is "preponderance of the evidence" — meaning the court only needs to determine that it is more likely than not that you committed the violation. This is a lower bar than the "beyond a reasonable doubt" standard used in criminal cases.
Common Civil Traffic Violations
- Speeding (under the criminal speed threshold) — ARS 28-701
- Running a red light or stop sign — ARS 28-645, ARS 28-855
- Failure to yield — ARS 28-772 through ARS 28-776
- Improper lane change — ARS 28-729
- Following too closely (tailgating) — ARS 28-730
- Expired registration — ARS 28-2532
- Failure to signal — ARS 28-754
- Seatbelt violations — ARS 28-909
- Red light camera tickets (photo enforcement)
- Equipment violations (broken taillight, tinted windows) — various ARS 28 sections
Penalties for Civil Traffic Violations
Civil violations typically result in:
- Fines: Ranging from $100 to $500+ depending on the violation and jurisdiction, plus surcharges that can double the base fine
- Points: 2 to 6 points added to your Arizona driving record (accumulating 8+ points within 12 months triggers mandatory Traffic Survival School)
- Insurance increases: A single ticket can increase your premiums by 15% to 30% or more for 3 to 5 years
- Traffic school: Some violations allow you to attend defensive driving school to dismiss the ticket (once every 24 months)
Even though civil violations are not crimes, the financial impact is real. A single speeding ticket with surcharges can cost $300 to $500, and the insurance increase over 3 to 5 years can add $1,000 or more. An experienced traffic attorney can often get tickets reduced or dismissed, saving you far more than the cost of representation.
Criminal Traffic Violations in Arizona
A criminal traffic violation is exactly what it sounds like — a crime. These offenses are prosecuted in criminal court, you have the right to a jury trial, and a conviction results in a criminal record. Penalties can include jail time, prison time (for felonies), probation, community service, and substantially higher fines.
The standard of proof is "beyond a reasonable doubt," and the prosecution bears the burden of proving every element of the offense. You also have constitutional protections that do not apply in civil traffic court, including the right against self-incrimination and the right to appointed counsel if you cannot afford an attorney.
Common Criminal Traffic Violations
| Violation | Classification | Key Statute | Potential Penalty |
|---|---|---|---|
| DUI | Misdemeanor (Aggravated = felony) | ARS 28-1381 | 10 days to 3.75 years (felony) |
| Reckless driving | Class 2 misdemeanor | ARS 28-693 | Up to 4 months jail, $750 fine |
| Criminal speed | Class 3 misdemeanor | ARS 28-701.02 | Up to 30 days jail, $500 fine |
| Hit and run (injury) | Class 2 or 3 felony | ARS 28-661 | Up to 12.5 years prison |
| Hit and run (property) | Class 2 misdemeanor | ARS 28-662 | Up to 4 months jail |
| Driving on suspended license | Class 1 misdemeanor | ARS 28-3473 | Up to 6 months jail, $2,500 fine |
| Vehicular assault | Class 3 dangerous felony | ARS 13-1204 | 5 to 15 years prison |
| Racing on highways | Class 1 misdemeanor | ARS 28-708 | Up to 6 months jail |
| Aggressive driving | Class 1 misdemeanor | ARS 28-695 | Up to 6 months jail |
Penalties for Criminal Traffic Violations
Criminal violations carry a fundamentally different set of consequences:
- Jail or prison time: Ranges from 30 days (class 3 misdemeanor) to years in state prison (felonies)
- Probation: Up to 5 years for misdemeanors, up to 10 years for felonies — with conditions including drug testing, community service, and check-ins
- Criminal record: A conviction creates a permanent criminal record visible on background checks
- License suspension or revocation: Often longer and more severe than civil penalties
- Higher fines: Base fines plus surcharges, restitution (in injury cases), and court-ordered costs
- Collateral consequences: Impact on employment, professional licenses, immigration status, housing applications, firearm rights (felonies), and voting rights (felonies)
Side-by-Side Comparison
| Civil Traffic Violation | Criminal Traffic Violation | |
|---|---|---|
| Classification | Infraction (non-criminal) | Misdemeanor or felony |
| Jail time | No | Yes — mandatory for some offenses |
| Criminal record | No | Yes — permanent |
| Background check | Does not appear on criminal checks | Appears on criminal background checks |
| Court type | Traffic / municipal court | Criminal court (Superior Court for felonies) |
| Burden of proof | Preponderance of evidence | Beyond a reasonable doubt |
| Right to jury trial | No | Yes |
| Right to appointed counsel | No | Yes (if jail time is possible) |
| Points on driving record | Yes (2 to 6 points) | Yes (up to 8 points for DUI) |
| Insurance impact | Moderate increase | Severe increase or policy cancellation |
| Typical fines | $100 to $500+ | $500 to $150,000+ (felonies) |
When a Civil Violation Becomes Criminal
Some violations sit near the boundary between civil and criminal, and circumstances can push a civil infraction into criminal territory. Understanding these thresholds is critical because the legal consequences change dramatically.
Speeding to Criminal Speed
Standard speeding is a civil violation. But under ARS 28-701.02, speeding becomes criminal speed — a class 3 misdemeanor — when you are:
- Exceeding 85 mph regardless of the posted limit
- Exceeding the posted speed limit by 20 mph or more in a non-residential area
- Exceeding 35 mph in a school zone
- Exceeding the posted speed limit by 20 mph in a residential area
Accident to Hit and Run
Being involved in a traffic accident is not a crime. But leaving the scene without stopping, exchanging information, and rendering aid (if anyone is injured) is a criminal offense. Even a minor fender bender becomes a class 2 misdemeanor if you drive away. If someone is injured and you leave, it becomes a class 3 felony. If someone dies, it is a class 2 felony.
Speeding or Lane Violations to Reckless Driving
Individual civil violations like speeding, weaving, or tailgating can combine to become reckless driving under ARS 28-693 if a law enforcement officer determines your driving showed "reckless disregard for the safety of persons or property." There is no fixed speed threshold — it is based on the totality of your driving behavior.
A single traffic stop can result in both civil and criminal charges. For example, you could receive a civil citation for an improper lane change and a criminal charge for reckless driving based on the same driving behavior. Or a DUI stop might also produce civil citations for equipment violations or expired registration. Each charge is handled separately — the civil ticket in traffic court and the criminal charge in criminal court.
How Each Type Affects Your Driving Record
Both civil and criminal violations add points to your Arizona MVD driving record. However, the consequences differ:
- Civil violations: Add 2 to 6 points. Accumulating 8 or more points within 12 months triggers mandatory Traffic Survival School. Points can sometimes be offset by completing defensive driving school (available once every 24 months for eligible violations).
- Criminal violations: Add 4 to 8 points. A DUI alone adds 8 points, which immediately triggers Traffic Survival School. Criminal violations are not eligible for defensive driving school dismissal. License suspension or revocation is often automatic upon conviction.
What Type of Attorney Do You Need?
The type of violation determines the type of legal representation you need:
For Civil Traffic Violations
A traffic attorney handles civil traffic tickets. Their goal is typically to get the ticket dismissed, reduced to a non-moving violation (no points), or negotiate a plea that minimizes the impact on your driving record and insurance. Traffic attorneys regularly appear in municipal courts and justice courts across Arizona and understand the local procedures, prosecutors, and judges.
Traffic Ticket Buddy connects subscribers with experienced Arizona traffic attorneys who handle civil traffic tickets from paperwork to court appearance — no courthouse visits required for you. Plans start at $14.99/mo.
For Criminal Traffic Violations
A criminal defense attorney handles criminal traffic charges. These cases are fundamentally different — they involve constitutional rights, complex evidence (BAC testing for DUI, accident reconstruction for vehicular assault), plea negotiations with prosecutors, and the possibility of jail or prison time. You need an attorney who regularly handles criminal cases in Arizona courts.
Traffic Ticket Buddy subscription plans cover civil traffic violations — speeding tickets, red light camera tickets, stop sign violations, and other non-criminal infractions. Criminal charges including DUI, reckless driving, hit and run, driving on a suspended license, and vehicular assault require a criminal defense attorney. If you are a subscriber and submit a criminal violation, we will connect you with an experienced criminal defense attorney through our referral network.
Not sure what you are facing?
Look at your citation. Civil violations are usually labeled "civil traffic" and reference Title 28 infractions. Criminal charges reference misdemeanor or felony statutes and may require a court appearance with the possibility of jail time listed. When in doubt, consult an attorney.
View Plans for Civil TicketsFrequently Asked Questions
What is the difference between a civil and criminal traffic violation in Arizona?
A civil traffic violation is a non-criminal infraction — like speeding, running a red light, or an expired registration — that results in a fine and points on your driving record but no jail time or criminal record. A criminal traffic violation — like DUI, reckless driving, hit and run, or driving on a suspended license — is a misdemeanor or felony that can result in jail or prison time, probation, and a permanent criminal record.
Can a civil traffic ticket become a criminal charge in Arizona?
Yes. A civil traffic violation can escalate to a criminal charge in certain circumstances. Excessive speeding (20+ mph over the limit or 85+ mph) can be charged as criminal speed. Leaving the scene of any accident — even a minor fender bender — turns a civil matter into a criminal hit and run charge. Accumulating too many violations or driving recklessly can also cross into criminal territory.
Do I need a lawyer for a civil traffic ticket in Arizona?
While you are not legally required to have a lawyer for a civil traffic ticket, having an experienced traffic attorney can help you avoid points on your record, reduce fines, and prevent insurance rate increases. Traffic Ticket Buddy connects subscribers with Arizona traffic attorneys who handle civil traffic tickets from start to finish — no courthouse visits required.
Will a criminal traffic violation appear on a background check?
Yes. Criminal traffic violations — misdemeanors and felonies — appear on your criminal record and will show up on standard background checks. This can affect employment, housing, professional licenses, and more. Civil traffic violations generally do not appear on criminal background checks, though they do appear on your MVD driving record.
Does Traffic Ticket Buddy handle criminal traffic violations?
Traffic Ticket Buddy subscription plans cover civil traffic violations like speeding tickets, red light camera tickets, and other non-criminal infractions. Criminal violations such as DUI, reckless driving, hit and run, driving on a suspended license, and vehicular assault are not covered under standard plans. However, subscribers who submit a criminal violation are connected with an experienced criminal defense attorney through our referral network.