If you have been caught driving too fast in Arizona, you are not alone. In fact, in 2016 there were just under 17,000 speeding tickets issued and in addition to the hefty fines and a suspension of driving privileges, if you were caught driving at an excessive speed you may even be facing jail time.
Being charged with driving faster than what is considered reasonable and prudent, also known as criminal or excessive speeding, is a serious charge. An experienced criminal defense attorney can work with the courts on your behalf to fight the charge and potentially have it thrown out under certain circumstances. If you have been charged for reasonable and prudent speeding, get help from the criminal defense team at JacksonWhite Law today.
Speeding Tickets in Arizona
According to A.R.S 28-701, Arizona’s statute for speeding, a person shall not drive a vehicle at a speed that is greater than the reasonable and prudent speed of the road, which may cause a potential hazard to others on the road under the conditions. A driver disobeys this law when they drive faster than the posted speed limit or if they fail to reduce their speeds in times of high traffic or rough weather.
Not all cases of being pulled over for driving faster than is reasonable and prudent end in a criminal charge in Arizona. Most of the time, when the speed is below a certain threshold the driver only ends up with a warning or a civil violation which results in a fine, but if the speed is too high the driver can be charged with a criminal offense.
The Speeding Ticket Process
When you receive a speeding ticket, it is important to keep the ticket in a safe place and check for the court date that will be listed on it. This court date, which is often referred to as a civil arraignment, is the date by which you must take one of three options and if you do not perform any of these actions you must show up to the court date or else your license will be suspended.
By the court date you should do one of the following:
- Pay the fine
- Attend a defensive driving diversion class (must be completed 7 days prior to the court date)
- Request a traffic hearing to fight the charges
If you choose to fight the speeding ticket, you have the right to defend yourself, but it is best to hire an experienced criminal defense attorney to assist you.
Possible Defenses for Speeding Cases
There are a number of possible defenses that can be used for speeding cases in Arizona, here are three commonly used defenses:
- Contesting how your speed was determined. Far too often officers are using faulty or uncalibrated detectors which can give incorrect readings.
- Contesting the officer to ensure your car was the one the radar detector was pointed at and that your car simply looked like the car the radar detected was pointed at
- Claiming that you were faced with an emergency and trying to prevent further harm or damage to yourself or an individual in your car
If you have been charged with driving faster than is reasonable and prudent, contact JacksonWhite Law today, to meet with an experienced criminal defense attorney.
Arizona’s Point System for Drivers
Arizona operates on a point based system to ensure drivers on the road are driving responsibly. If you are cited for speeding you face the following points being added to your license:
- 2 points for a violation of any provision of § 28-701
- 8 points for either reckless driving or racing on the highways
- 2 points for any other violation
Speeding is one of the most common forms for receiving points against you and if you accumulate more than 8 points on your license within 12 months, you face the following penalties:
- Your driver’s license may be suspended for up to one year
- You may be required to attend traffic school
- You may be required to pay fines
Our criminal defense team at JackonWhite Law has assisted many clients with speeding matters, with great success helping clients receive reduced penalties for their charges.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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