When Does Speeding Become a Crime in Arizona?

Speeding becomes a crime in Arizona when the conduct meets the specific thresholds established by the state’s criminal speeding law. In general, this can happen when a driver exceeds the posted speed limit by more than 20 miles per hour, drives more than 35 mph approaching a school crossing, or exceeds 45 mph in certain business or residential districts where no speed limit is posted.

Arizona is known for its expansive desert landscapes, busy metropolitan areas, and extensive highway system. Phoenix, Tucson, and other communities have significant traffic, with drivers traveling through residential streets, business districts, school zones, and major highways. If you are facing a criminal speeding charge, a criminal speeding defense attorney in Arizona can help you understand the allegations and potential legal options.

When Speed Exceeds 20 MPH Over the Posted Limit

Under Arizona Revised Statutes § 28-701.02, exceeding the posted speed limit by more than 20 miles per hour can constitute criminal speeding in specified circumstances.

The statute distinguishes this conduct from ordinary civil speeding violations. The exact location where the alleged speeding occurred can determine whether the criminal speeding statute applies.

Going Over 35 MPH Near a School Crossing 

Arizona law specifically addresses excessive speed near school crossings. Driving more than 35 miles per hour approaching a school crossing can constitute criminal speeding.

This rule is intended to address the increased safety concerns associated with areas where children may be crossing roads. The location of the vehicle and whether the area qualifies as a school crossing can therefore become important issues in a criminal speeding case.

Going Above 45 MPH in Certain Unposted Districts

A driver can also face a criminal speeding charge when traveling faster than 45 mph in a business or residential district where no speed limit is posted, subject to the requirements of the statute.

This means that the posted speed limit is not the only factor that matters. The type of district and whether a speed limit is posted can affect whether the conduct falls under Arizona’s criminal speeding law.

Criminal Speeding Applies Under Specific Conditions

Not every speeding violation is criminal. Arizona’s criminal speeding statute identifies specific circumstances that elevate excessive speed to a Class 3 misdemeanor.

For example, exceeding the posted speed limit by more than 20 mph can qualify under the statute. However, the facts of the alleged offense, including the location and applicable speed restriction, should be reviewed carefully.

The Location and Posted Speed Limit Can Determine the Offense

Where the alleged speeding occurred can be just as important as the driver’s speed. Business districts, residential districts, school crossings, and other locations may be subject to different rules.

A mistake concerning the applicable speed limit or the location of the alleged offense can therefore become relevant when evaluating a criminal speeding citation.

The Speeding Charge Becomes a Class 3 Misdemeanor

Arizona Revised Statutes § 28-701.02 classifies violations of its criminal speeding provisions as a Class 3 misdemeanor. This makes the charge more serious than an ordinary civil traffic violation.

A criminal conviction can involve fines, court costs, potential driving consequences, and other penalties associated with a misdemeanor. The specific outcome depends on the circumstances and applicable sentencing rules.

The Circumstances of the Traffic Stop Can Affect the Case

Evidence may include radar or laser readings, an officer’s observations, pacing evidence, photographs, traffic-camera footage, and information concerning the applicable speed limit.

The accuracy of the speed measurement and the circumstances surrounding the traffic stop may become important when determining whether the prosecution can establish the required elements of the offense.

Key Takeaways

• Speeding can become a crime in Arizona when specific statutory thresholds are met.
• Exceeding the posted speed limit by more than 20 mph can qualify as criminal speeding in applicable circumstances.
• Driving more than 35 mph while approaching a school crossing can constitute criminal speeding.
• Driving above 45 mph in certain unposted business or residential districts can also qualify.
• A.R.S. § 28-701.02 classifies criminal speeding as a Class 3 misdemeanor.
• The location, applicable speed limit, and accuracy of the alleged speed can affect the case.
• Criminal speeding is more serious than an ordinary civil traffic violation.