Arizona Criminal Speeding Lawyer
Criminal speeding in Arizona is a Class 3 misdemeanor under ARS § 28-701.02, not a regular ticket. As a former Maricopa County prosecutor, I know how the other side thinks, and I will fight to lower your charges.
Free consultation. You speak with Stewart, a former prosecutor, not a call center. No guarantees, no billboard promises.
What an Arizona Criminal Speeding Attorney Actually Does
Most people who call about criminal speeding never pictured themselves with a criminal charge. A professional, a parent, a student, often someone cited on I-10, I-17, or I-40 passing through Arizona. The sections below explain what makes speeding "criminal" here, the realistic range of outcomes, and how Stewart works, so you finish reading knowing more than when you started.
An Arizona criminal speeding attorney defends drivers charged under ARS § 28-701.02, a Class 3 misdemeanor rather than a standard ticket. A lawyer can appear in court on your behalf, negotiate a reduction to a civil violation, or request defensive driving school. Stewart Salwin of Salwin Law Group is a former Maricopa County prosecutor who now defends drivers across Scottsdale, Phoenix, and the rest of Arizona, and the first thing he gives you is a frank, realistic read on your case, even when the news is not what you hoped to hear.
What Counts as Criminal Speeding in Arizona
Arizona is one of the few states where certain speeds are a crime on their own, not just a ticket. Three situations turn a citation into a Class 3 misdemeanor under ARS § 28-701.02:
The Realistic Range of Outcomes
Most online content either treats criminal speeding like a normal ticket or recites the statutory worst case as if jail were a foregone conclusion. Neither is honest. Here is the range an attorney actually works within:
Dismissed or reduced to civil
The criminal charge is negotiated down to a civil traffic violation or dismissed through defensive driving school, keeping the conviction off your record entirely.
A plea that guarantees no jail
In harder cases, the charge is knocked down to a plea structured to guarantee no jail time. Speed is the biggest factor; over 100 mph is where the danger of jail becomes real.
Up to 30 days
The ceiling the statute allows. Jail does not happen in the majority of cases handled by counsel, but the right outcome depends on the speed, the court, and the driver's record.
No two cases are the same. The realistic range for your situation depends on facts a lawyer needs to hear first. This describes how these cases generally resolve; it is not a prediction about yours.
He Used to Be the One Bringing the Charges
Most of criminal defense is negotiation with the prosecutor, not a trial. Stewart spent five years as a prosecutor at the Maricopa County Attorney's Office before he began defending people in 2014, so he reads the state's case the way the state does, and he knows how different offices set policy. A seasoned city prosecutor in Scottsdale has more discretion than a newer attorney in a Maricopa County justice court, and that shapes where there is room to negotiate.
"The lower the speed, the better. The cleaner the record, the better. The location matters. Sometimes a Google Street View of the spot, showing it is relatively undeveloped, can help."
Stewart Salwin, on what moves a prosecutorThat experience is not a billboard line. It changes the one thing that matters most in a negotiation: an honest, credible read on where the state's case is strong and where it is not.
How the Charge Gets Reduced
1. Negotiate the prosecutor down to a civil violation
The first move is a plea that reduces the criminal traffic violation to a civil one. You pay a fine, and the criminal violation stays off your record. How much room exists depends on the office and the speed; policy can foreclose a civil reduction at higher speeds.
2. Request defensive driving school
The second path is asking the court directly for defensive driving school. Under ARS § 28-3392, a judge has discretion to grant it if you have not attended in the past twelve months. The catch that separates criminal from civil speeding: with a civil ticket you just check a box; with a criminal charge, a judge has to give a stamp of approval. That is why it has to be argued, not assumed.
Three Situations People Are In When They Call
Just cited, still in disbelief
You see "criminal traffic" on the citation and realize this is not a normal ticket. The first move is understanding what you are actually charged with before you talk to anyone.
Court date approaching
You have a date and a choice about whether to appear, plead, or fight. With an attorney, your presence on a misdemeanor can be waived and the lawyer appears for you.
Out-of-state, passing through
You were cited on I-10, I-17, or I-40 and you do not want to drive back to Arizona for court. With counsel, you usually never have to.
Cited Passing Through? You May Never Have to Come Back
About a quarter of the criminal speeding drivers Stewart hears from are out-of-state, often on the way to or from the Grand Canyon or Las Vegas. For them, the appearance question is everything. Because criminal speeding is a misdemeanor, a represented client's presence can be waived under Arizona Rule of Criminal Procedure 9.1, and Stewart appears at the hearings on your behalf. Without a lawyer, you generally have to appear in person, and courts routinely deny requests to appear by phone.
If you hold a CDL, this is not a close call
Commercial drivers face federal consequences on top of the Arizona case. Under 49 CFR § 383.51, speeding 15 mph or more over the limit is a serious traffic violation; two within three years means a 60-day CDL disqualification, three means 120 days.
One thing not to do before you call: don't try to talk to the prosecutor or the court yourself. Anything you say can be used against you, and once you have been given a denial or a weak offer, you are partly locked into it. A fresh conversation, started by your attorney, is almost always the stronger position.
Criminal Speeding in Arizona: Common Questions
Do I need a lawyer for a criminal speeding ticket in Arizona?
Is criminal speeding a misdemeanor in Arizona?
Can a lawyer get criminal speeding reduced or dismissed?
Do I have to appear in court for criminal speeding in Arizona?
How much does a criminal speeding attorney cost in Arizona?
Will a criminal speeding conviction stay on my record?
Defending Criminal Speeding Across Arizona
Based in Scottsdale, Stewart handles criminal speeding and criminal traffic cases in justice courts and municipal courts throughout Maricopa County and across Arizona, including citations issued on I-10, I-17, and I-40.
Scottsdale·Phoenix·Mesa·Tempe·Chandler·Gilbert·Paradise Valley·Maricopa County·Statewide AZ
Talk It Through with Stewart
Bring the citation, the recorded speed, the posted limit, and your driving record. You will speak with Stewart directly, not a call center.
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This page is attorney advertising and general information about Arizona law, not legal advice, and does not create an attorney-client relationship. Outcomes described are general and depend on the specific facts of each case; past results do not guarantee future outcomes. Statutes cited are current as of publication and subject to change.
Cited for criminal speeding? Let's talk.
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