Top Rated Criminal Speeding Attorney in Arizona.
If you were cited for criminal speeding in Arizona, it is important to understand the possible ramifications for your license, your finances, and your insurance rates. On this page, we will cover for you the definition of criminal speeding in Arizona, the potential consequences for a criminal speeding conviction, and what defenses are available to you.
Of course, the best way to protect yourself against a criminal speeding charge is to get the help of an attorney experienced with defending criminal speeding cases. At the Law Office of Karl A. Mueller, PLC we have helped many clients charged with criminal speeding, and we can help you too. We welcome you to contact us at the Law Office of Karl A. Mueller, PLC. Call today at 602-697-8761 or schedule a consultation online. We at the Law Office of Karl A. Mueller, PLC are in your corner, ready to defend against any criminal speeding charges.
What is Considered Criminal Speeding in Arizona?
Many people do not realize that speeding can actually result in a criminal charge with potential jail time. Unlike civil traffic tickets that result in fines and points against your license, criminal speeding charges can be much more serious and have substantial consequences. In Arizona, there are three ways you can be charged with criminal speeding:
- Exceeding 85 mph or “excessive speed”
The most common type of criminal speeding offense is exceeding 85 miles an hour. If you are traveling at 86 mph, you can be charged with criminal speeding even if the speed limit is 75 mph.
If you’ve ever driven through the wide-open rural parts of Arizona, you know how easy it is for the speedometer to creep past 85. Cases of excessive speeding are sometimes brought against out-of-state visitors to Arizona who were charged while travelling the long distances between Arizona’s many tourist attractions.
- Exceeding posted speed by 20 mph
Another common type of criminal speeding is exceeding the posted speed by 20 mph. There are both factual and legal requirements for this charge which are often lacking and Mr. Mueller frequently gets these charges completely dismissed.
- Exceeding 35 miles per hour near a school zone
If you are caught driving at 36 mph in a designated school zone, you could be charged with criminal speeding. Sometimes these zones are not adequately marked pursuant to the requirements of the law.
What are the Consequences of Criminal Speeding in Arizona?
As noted, excessive speeding is a criminal charge that could subject you to serious consequences. A conviction for criminal speeding is a class 3 misdemeanor that carries a maximum penalty of 30 days in jail, a $500 fine plus surcharge, and up to one year of probation. Other consequences of a criminal speeding charge include:
- Points on your license
- License suspension
- Higher insurance premiums
- Impounding of your vehicle
- Employment consequences a
- Commercial insurance cancellation
In sum, criminal speeding could carry significant penalties similar to a speeding ticket, but it could also result in possible jail time. That is why you should hire an experienced criminal speeding defense attorney to help you avoid the most serious consequences of a criminal speeding charge.
What are the Defenses for Criminal Speeding in Arizona?
A good traffic attorney in Arizona can defend against criminal speeding cases in a variety of ways. The defense plan and approach will vary with the specific defense. For example, school zone and construction zone speed limits should be clearly posted on appropriate signs for drivers to see. Similarly, drivers on the highway must have enough notice of a reduced speed limit to be able to safely slow down and comply.
Mr. Mueller has decades of experience in the traffic courts of Arizona. We know what evidence can be challenged, and we know which defenses or mitigating factors the court is willing to consider. Depending on your charge, we will ask the tough questions to make sure your rights are protected, including:
- Were the police speed detection devices defective, or improperly used?
- Was there a legitimate emergency basis to exceed the speed limit?
- Were the speed limit signs clearly posted?
- Was there any dash-cam or bodycam recording that undermines the criminal speeding charge?
An experienced criminal speeding defense attorney will be sure to consider the following factors when defending you in court:
- Did the prosecutor prove the case beyond a reasonable doubt, which is the high standard of proof required of criminal speeding cases? If not, then the case against you should be dismissed.
- Did the prosecutor comply with all of the necessary discovery obligations when providing evidence of the criminal speeding event?
- Is any of the evidence put forward by the prosecutor inadmissible? If so, then those pieces of evidence, such as photo enforcement equipment, cannot be used in your case.
- Can the prosecutor prove the identity of the driver? If the prosecutor cannot prove that you were the driver, then the case should not be allowed to move forward.
Can You Avoid a Trial?
At the Law Office of Karl A. Mueller, we try to resolve your criminal case before you ever reach the courtroom. In criminal speeding cases, a common strategy is to seek a reduction of your charges. Our attorneys have experience negotiating with prosecutors and convincing prosecutors of weaknesses in their case.
If presented with credible defenses, the prosecutor may decide to reduce the charges and convert the matter to a civil traffic violation. While you will still face some penalties, they will be substantially less onerous than the penalties for criminal speeding.
The Law Office of Karl A. Mueller, PLC, is here to help you fight a criminal speeding charge and work hard to minimize the long-term damage caused by a criminal speeding conviction. You can count on attorney Karl A. Mueller to put your best interests first. We serve clients in Gilbert, Chandler and Apache Junction, and throughout the East Valley in the Phoenix metropolitan area. Call 602-697-8761 or contact defense lawyer Karl A. Mueller today for a free initial consultation.
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