Do I Need an Attorney for a Criminal Speeding Ticket?

Do I Need an Attorney for a Criminal Speeding Ticket?

In Arizona, many people are surprised to find themselves charged with a crime for speeding. Many Arizona residents and travelers in Arizona are unaware that such a crime exits. If you are interested in a more detailed definition and explanation of Criminal Speeding, which is actually officially called Excessive Speed in the Arizona statutes. (see Consequences of Excessive (Criminal) Speeding in this blog)

If the State of Arizona, through the law enforcement officer who issued you the ticket, can prove beyond a reasonable doubt that you were traveling excess of 85 mph or speeding 20 mph or more over the posted speed limit for that particular area, you can be charged in Arizona with a class 3 misdemeanor. This means the State of Arizona will attempt to obtain criminal conviction subjecting you to potential jail time. Yes, you can actually go to jail for Excessive Speed in Arizona. For a detailed explanation of misdemeanors in Arizona (see Misdemeanors in Arizona in this blog)

What are the Benefits of Representation on a Criminal Speeding Charge?

Since you are actually charged with a crime, this entitles you to all the rights and protections afforded any citizen who is charged with a criminal offense. The State of Arizona is required to prove your Excessive Speeding (Criminal Speeding) charge with the same burden of proof necessary to prove any type of criminal case. That means that there will be a State Prosecutor who is assigned your case. In a civil speeding violation, the law enforcement Officer who issued the ticket shows up to court. In a criminal case you will be prosecuted by a State Prosecutor. A State Prosecutor is a lawyer who represents the State of Arizona. On TV they always call them DA’s. The general public seems to be more familiar with that name. In a criminal trial there is a different level of proof that you are entitled, unlike a normal civil traffic speeding violation. (see The Difference Between Criminal Traffic Violations vs. Civil Traffic Violation in Arizona in this blog), At a criminal trial the State of Arizona must prove the Excessive Speed offense beyond a reasonable doubt. Unlike a civil traffic violation, the Arizona Rules of Criminal Procedure and the Arizona Rules of Evidence apply in this trial. An experienced trial lawyer can be of great assistance to you at each of the various stages of a criminal proceeding such as this. An experienced trial lawyer may be able confront the State of Arizona’s prosecutor and achieve an acquittal (dismissal of the charges) at trial. A good lawyer may also be able to convince the prosecutor to dismiss the crime prior to trial, or reduce the charge to a civil violation.

There are many negative consequences of Excessive Speeding (Criminal Speeding). An experienced trial lawyer can help you avoid a criminal conviction. With skilled representation you may be able to avoid consequences including:

Up to 30 days of jail time
Mandatory fines plus surcharges
Court ordered classes
Court ordered community service
Classes ordered by Arizona Motor Vehicle Division (MVD)
Points accessed by Arizona Motor Vehicle Division (MVD) to your driving record
Potential suspension or revocation of your driver’s license
Higher insurance, cancellation, or denial of insurance
Conviction of a crime resulting in a criminal record
Effects on immigration status, visas, and passports
Court ordered probation
Having to report a criminal conviction for employment
Negative consequences to vocational licenses (nursing, teaching, security clearances, etc.)
Having your vehicle impounded
 

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations  
  

Consequences of Excessive Speeding or Criminal Speeding?

Consequences of Excessive Speeding / Criminal Speeding in Arizona?

What are the consequences of Excessive Speeding or Criminal Speeding? First of all, What is Excessive Speeding? What is Criminal Speeding? Is there a difference between Excessive Speeding and Criminal Speeding? Actually they are two different names for the same thing. Many motorists in Arizona are surprised to find themselves charged with a criminal offense for Speeding. In the statutes it is officially titled Excessive Speed, but often called Criminal Speed. What is Excessive Speeding or Criminal Speeding? In Arizona, if the State can prove that you were speeding 20 mph over the posted speed limit or in excess of 85 mph, you can be charged with the crime of Excessive Speeding or Criminal Speeding, subjecting you to possible jail time. Excessive (Criminal) Speeding is a class 3 misdemeanor in Arizona. (see Misdemeanors in Arizona in this blog)

Defenses to Excessive Speeding or Criminal Speeding

You are entitled to all the rights and protections afforded anyone charged with a crime. The State must prove your Excessive Speeding / Criminal Speeding charge with the same burden of prove necessary to prove any criminal case. Law enforcement officials and police officers who may be accustomed to coming into court on civil traffic speeding violations and having their citations upheld under a much lower burden of proof, may find themselves a bit more challenged to meet the burden of proof beyond a reasonable doubt as it necessary in a criminal case.

The State’s use of automated photo enforcement equipment to obtain an Excessive Speeding / Criminal Speeding charge can be problematic for the State. Police departments and cities often employ private photo enforcement companies to do their photo enforcement and testify in court. Often these private companies are not equipped to deal with the discovery requirements afforded someone accused of a crime in a criminal case. The State may be forced to dismiss the Excessive Speeding / Criminal Speeding charge. The fact that these private companies are profit organizations gives rise to motive and bias arguments.

Consequences of Excessive Speeding or Criminal Speeding

What are the consequences of Excessive Speeding / Criminal Speeding? Depending on the facts of your case and your driving history, the consequences of Excessive Speeding / Criminal Speeding may include:

Up to 30 days of jail time
Mandatory fines
Classes
Points accessed by Motor Vehicle Division (MVD) to your driving record
Potential suspension or revocation of your driver’s license
Higher insurance, cancellation, or denial of insurance
Conviction of a crime resulting in a criminal record
Effects on immigration status, visas, and passports
Probation
Community service
Having your vehicle impounded


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations