Most speeding tickets in Arizona are civil. You pay a fine, maybe attend defensive driving school, and move on. A citation under A.R.S. § 28-701.02 is different. It is a criminal charge; it requires a court appearance, and a conviction goes on your criminal record. Drivers on Loop 101, Loop 202, and Scottsdale Road are often surprised to learn that driving just one mile per hour over 85 is enough.
This guide explains what counts as criminal speeding, what penalties you face, how Scottsdale cases move through the court system, and the defenses that often lead to reduced or dismissed charges.
What Is Criminal Speeding in Arizona?
Criminal speeding, which the statute calls “excessive speed,” is a class 3 misdemeanor under A.R.S. § 28-701.02. You can be charged if you drive over 35 mph while approaching a school crossing, more than 20 mph over the posted limit in a business or residential district, or over 85 mph anywhere else.
In practice, the three triggers look like this:
- School crossings: Going faster than 35 mph when approaching a school crossing, regardless of the posted limit.
- Business or residential districts: Exceeding the posted speed limit by more than 20 mph, such as 56 mph in a 35 mph zone.
- Everywhere else, including freeways: Going faster than 85 mph, even where the posted limit is 75.
The 85 mph rule catches the most drivers. On a 65-mph stretch of freeway through the Valley, 86 mph is only 21 mph over the limit, but it is still a crime.
Why Arizona Treats Speed as a Criminal Issue
Arizona’s crash data explains why prosecutors take these cases seriously. According to ADOT’s 2025 crash report, Arizona roads saw 1,156 traffic fatalities in 2025, a 5.2% decrease from 2024. Speed remained one of the biggest factors: speeding contributed to crashes that caused 367 deaths, more than the 334 deaths linked to alcohol impairment.
Because speed contributes to more deaths than drunk driving, Scottsdale Police and the Arizona Department of Public Safety enforce the 85 mph line aggressively, especially along the Loop 101 corridor.
What Are the Penalties for Criminal Speeding in Arizona?
A conviction for criminal speeding carries these maximum penalties:
- Up to 30 days in jail
- A fine of up to $500, plus surcharges that can substantially increase the total
- Up to one year of probation
- A criminal misdemeanor conviction on your record
- Three points on your Arizona driving record
Jail is uncommon for first-time offenders without aggravating factors, but the other consequences are real. The conviction appears on background checks and is reported to your insurer when you renew. Points add up fast: eight or more points within 12 months can lead to Traffic Survival School or a license suspension through the Arizona MVD.
The criminal record matters most for professionals. Nurses, teachers, real estate agents, commercial drivers, and anyone who must hold a fingerprint clearance card may be required to disclose a misdemeanor conviction.
Civil Speeding vs. Criminal Speeding: What’s the Difference?
A civil speeding ticket under A.R.S. § 28-701 is a traffic violation. Criminal speeding under § 28-701.02 is a crime. The statute also prevents officers from charging both for the same conduct: a person charged with criminal speeding may not also be issued a civil speeding complaint arising from the same circumstances.
The practical differences:
- Court appearance: Civil tickets can often be resolved online. Criminal speeding requires a court appearance, although in many cases your attorney can appear on your behalf.
- Missing court: If you skip a criminal court date, the judge can issue a warrant. If that has already happened, a Scottsdale bench warrant lawyer can help you resolve it before it turns into an arrest.
- Record: A civil violation does not create a criminal record. Criminal speeding does.
Where Will a Scottsdale Criminal Speeding Case Be Heard?
Where your case is heard depends on where you were stopped and which agency cited you. A stop by Scottsdale Police within city limits usually goes to Scottsdale City Court, located at 3700 N. 75th Street. A freeway citation from DPS may instead be filed in a Maricopa County justice court. Your citation lists the court and your first appearance date. That first hearing is an arraignment, and you should not treat it as a formality.
How Do You Fight a Criminal Speeding Ticket in Arizona?
Many criminal speeding cases end with a reduction to a civil violation, a dismissal, or an alternative resolution. Common defense strategies include:
- Challenging speed measurement. Radar and lidar devices require proper calibration and maintenance records, and the officer must be certified to use them. Pacing, in which the officer follows your car to estimate its speed, relies on the patrol car’s calibrated speedometer and a consistent following distance.
- Examining visual estimates. A citation based mainly on an officer’s visual estimate is easier to challenge than one backed by a device reading.
- Questioning the zone classification. Whether a road counts as a “business or residential district” can be disputed, and that classification decides whether the 20-over rule applies.
- Negotiating a reduction to civil speeding. A civil conviction avoids a criminal record and is one of the most common outcomes for drivers with clean histories.
- Defensive driving school. Under A.R.S. § 28-3392, the court has discretion to allow defensive driving school for a criminal speeding offense if you haven’t attended one in the past 12 months. Unlike civil tickets, the court decides whether to allow it, so having an attorney request it can make a difference.
When Criminal Speeding Is Combined With Other Charges
High speed often leads to multiple charges. An officer can add reckless driving, aggressive driving, or racing on a highway, all of which carry heavier penalties. Our guide to Arizona reckless driving laws explains how those charges differ from criminal speeding. If the stop also turns into a DUI investigation, the stakes rise quickly, and you will want to speak with a Scottsdale DUI lawyer right away.
Out-of-State Drivers Cited in Scottsdale
Many speeding citations in Scottsdale are issued to visitors driving between Sky Harbor, resorts, and events at WestWorld or Salt River Fields. You don’t have to be an Arizona resident for the charge to count. An Arizona conviction can still affect your home-state record and your insurance. Our guide for out-of-state visitors arrested in Scottsdale explains how cases can often be handled without repeated trips back to Arizona.
Criminal Speeding Defense Across Scottsdale and the East Valley
Attorney Josh defends criminal speeding cases from offices in Scottsdale and Phoenix. The firm represents drivers cited throughout the Valley, including Gilbert, Mesa, Chandler, Tempe, and Paradise Valley. Whether you were stopped on the Loop 101, the Loop 202, the US-60, or a city street, the analysis starts with the citation, the measurement method, and your driving history.
Frequently Asked Questions About Criminal Speeding in Arizona
Is criminal speeding a felony in Arizona?
No. Criminal speeding under A.R.S. § 28-701.02 is a class 3 misdemeanor. It still creates a criminal record if you are convicted.
Is going 86 mph in a 75 mph zone criminal speeding?
Yes. Driving faster than 85 mph is criminal speeding regardless of the posted limit.
Do I have to go to court for a speeding ticket?
Yes, a court appearance is required. In many courts, an attorney can appear on your behalf for misdemeanor proceedings.
How many points is criminal speeding in Arizona?
A conviction adds three points to your Arizona driving record. Eight or more points within 12 months can result in Traffic School or a suspension.
Can criminal speeding be reduced to a civil ticket?
Often, yes. Prosecutors regularly agree to amend criminal speeding charges to civil speeding violations, especially for drivers with clean records.
Can I take defensive driving school for a criminal speeding offense?
Possibly. The court has discretion to allow it under A.R.S. § 28-3392, subject to the once-per-12-months limit.
Talk to a Scottsdale Criminal Speeding Lawyer
A criminal speeding citation is a criminal case, and the outcome can decide whether you end up with a criminal record. Call (480) 386-1824 for a free consultation with Attorney Josh.
This article provides general information about Arizona law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its specific facts.
