{"id":17893,"date":"2020-11-02T15:25:27","date_gmt":"2020-11-02T22:25:27","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=17893"},"modified":"2024-06-19T08:30:18","modified_gmt":"2024-06-19T15:30:18","slug":"ars-28-701","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/ars-28-701\/","title":{"rendered":"ARS 28-701: Reasonable and Prudent Speed in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

If you have been caught driving too fast in Arizona, you are not alone. In fact, in 2016 there were just under 17,000<\/a> speeding tickets issued throughout Arizona, including many violations of ARS 28-701.<\/p>\n

In Arizona, you can be given a civil speeding violation or criminal speeding charge<\/a>, though most speeding violations in the state are civil. Being charged with driving faster than what is considered reasonable and prudent speed is a common but serious violation in Arizona. If you’ve been given a civil speeding violation, continue reading below to find out more about your options moving forward.<\/p>\n

ARS 28-701 Explained<\/h2>\n

According to ARS 28-701<\/a>, Arizona\u2019s 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.<\/p>\n

From ARS 28-701:<\/p>\n

A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.”<\/p><\/blockquote>\n

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.<\/p>\n

Excessive speeds are further explained by ARS 28-701.02<\/a>. If you’re pulled over for going more than 20 mph over the posted speed limit, you may be charged with criminal speeding in Arizona<\/a>.<\/p>\n

The Speeding Ticket Process<\/h3>\n

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.<\/p>\n

By the court date you should do one of the following:<\/p>\n

    \n
  1. Pay the fine<\/li>\n
  2. Attend a defensive driving diversion class (must be completed 7 days prior to the court date)<\/li>\n
  3. Request a traffic hearing to fight the charges<\/li>\n<\/ol>\n

    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<\/a> to assist you.<\/p>\n

    Possible Defenses for ARS 28-701 Cases<\/h2>\n

    There are a number of possible defenses that can be used for speeding cases in Arizona, here are three commonly used defenses:<\/p>\n