What is Criminal Speed in Arizona?

What is Criminal Speed in Arizona?

In Arizona, you can actually be charged with a crime for speeding. In the State of Arizona there are three different ways you can be charged for criminal speed.

1)    Exceeding 85 miles per hour.

2)    You can also be charged with criminal speed for exceeding the posted speed limit by more than 20 miles per hour in a residential or business district.

3)    Exceeding 35 miles per hour approaching a school crossing.

Criminal Speeding is officially referred to as Excessive Speed in the Arizona statutes. The crime of Excessive Speed is a class 3 misdemeanor in Arizona. For a class 3 misdemeanor you can be punished with up to 30 days of jail and fined up to $500.00. Additional surcharges can be added which almost double the base fine.

Because it is a crime, there will be a State Prosecutor assigned to prosecute your case.  If you miss a court date, the court will issue a warrant for your arrest. If you are interested in a more detailed definition and explanation of Criminal Speeding, call or contact a lawyer who is experienced with and handles this crime for a free consultation.


THE LAW OFFICE OF KARL A. MUELLER, PLC
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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
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Release, Bail & Bond

Release, Bail & Bond
What is bail? Is bail different that a bond? How do you get released on bond? How do I post bail? What is a bail bond? These are all good questions, especially when someone you care about has been arrested, is in custody and you want to get them out.

A person who is accused or charged with a crime is called a defendant in the criminal justice system. When a defendant is charged with a crime and brought before the Court, the Court will normally set release conditions for most crimes. The Court wants to make sure that the defendant will appear at future court proceedings. A defendant’s release may be as simple as a promise to appear, also known as being released on one's own recognizance, which is often referred to as “OR.” The court may also require a defendant to secure release by posting a bond.

The Court considers two main factors when deciding release conditions. The first factor the Court considers is whether or not the defendant poses a flight risk. In other words, is there a risk that the accused may flee and not show up on the scheduled court date. The second factor the Court considers is the danger the defendant may pose to the community. The judge considers this in light of the crime that the defendant has been accused of, the manner in which it was committed and things like the defendant’s prior criminal history.

What is Bond?The words bond and bail are often used interchangeably. Bond is money or property that is deposited with the court to ensure that the Defendant will return to court when required to do so. If the defendant returns to court as required, the bond will be returned at the end of the case. This is true even in the event that the defendant is convicted. However, should the defendant fail to return to court when required or violate the release conditions, the bond may be forfeited to the court.

The Law Behind Release and BondThe United States Constitution and the Arizona Constitution establish bail for those accused of crimes. Despite the accusations and charges against a Defendant, it is important not to lose focus on the fact that a Defendant is presumed innocent. The law requires that bail should not be excessive.

In Arizona the Court may consider the following factors when deciding the bond amount.
 The character and reputation of the defendant
 The ties the defendant has to the community
 The criminal history, if any, of the defendant
 The nature and gravity of the offense(s) charged The measure of punishment being faced
 The financial resources and assets of the defendant Other relevant facts
A lawyer can be extremely valuable in securing your release or substantially reducing the bond after it is originally set.

THE LAW OFFICE OF KARL A. MUELLER, PLC Website: www.AzTrialLawyer.com
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Requirements for Photo Enforcement Signs in Arizona

Photo Enforcement Sign Requirements in Arizona

What does the law require for photo enforcement signs? What are the signage requirements for photo a photo enforcement zone? Do they have to put up warning signs for photo enforcement? These are good questions that I get from callers.

Arizona law requires:
Every local authority or agency of the State or Arizona using a photo enforcement system must adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational. There is an exception, which is: These standards do not apply however to a mobile photo enforcement vehicle during the time a mobile photo enforcement vehicle is deployed on streets with a posted speed limit of forty miles per hour or less.

But if it is a posted speed limit of more than forty miles per hour, the standards and specifications must include both of the following:

1. At least two signs shall be placed in a location before a photo enforcement system. One sign shall be in a location that is approximately three hundred feet before the photo enforcement system. Placement of additional signs shall be more than three hundred feet before a photo enforcement system to provide reasonable notice to a person that a photo enforcement system is present and operational.

2. Signs indicating a photo enforcement system shall be removed or covered when the photo enforcement system is no longer present or not operating.

Signs erected by a local authority or agency of this state as prescribed in this section shall contain a yellow warning notice and correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways.

The Manual for Uniform Traffic Control Devices for Streets and Highways requires the sign to be posted at a height of at least 7 feet if permanent and at least 5 feet if temporary. The Border must be the same color as the legend and reside at or just inside the edge of the sign. The letters must be at least 8 inches high, and the sign should be placed on the right side of the roadway. The sign also must be reflect light and be visible at night.

If the standards and specifications prescribed pursuant to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued to a person who is identified by the use of the photo enforcement system.

During the time a vehicle containing photo enforcement equipment is being used to identify violators of this article and article 6 of this chapter, the rear of the vehicle shall be clearly marked to indicate that the vehicle is functioning as a photo enforcement vehicle.

Commentary
Before you get your hopes up in winning a case based on improper signage, note the word ‘may’ in the part of the statute that reads “If the standards and specifications prescribed to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued . . . “

This is what we lawyers call a toothless law. If law enforcement or the private entity law enforcement employs fails to comply with the law on this highly lucrative enforcement method, the judge does not have to dismiss the citation. It is discretionary with the judge. In other words you can win your case and prove that law enforcement violated the law and still be required to pay the money they are seeking, be held responsible for the points against your license, and suffer increased insurance rates etc.

Imagine if we as citizens could have discretion as to whether or not to follow the law. Imagine going to court and being found responsible for a traffic violation and ordered by a judge to pay a fine and being able to stand up and say, “You know judge, I don’t feel like following the law today, so I am going to have to ask you to reverse your finding and enter a finding of not responsible. Oh, and by the way I am going exercise my discretion not to pay the fine either.”

THE LAW OFFICE OF KARL A. MUELLER, PLC
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Reckless Under Arizona Law

Reckless Under Arizona Law

What does reckless mean under Arizona law? What is the legal definition of reckless? What does the State have to prove for Reckless Driving? These are questions I often encounter.

Here is the actual definition of “Recklessly” under Arizona law:

"Recklessly" means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists.

The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.

I want to briefly discuss a few of the key phrases and what I typically argue they require.

aware of and consciously disregards
This means that the State must first establish a risk, and then prove that you knew about that risk and then knowingly disregarded the risk.

substantial and unjustifiable
It can’t just be any risk. It has to be a substantial one. Also, if you can argue there was a justifiable reason to engage in the conduct the State is alleging is reckless than you have a defense.

that result will occur or that the circumstance exists
It can’t be a risk that can’t occur or isn’t a risk at the time. For example it may be reckless to shoot a gun in a public park, but not reckless to shoot it in the desert. In the park it is very likely someone may unintentionally be hit by a ricochet or bullet that travels farther than intended due to the high density of people, whereas in the desert no one is around to be put at risk.

gross deviation
The fact that the legislature chose the word ‘gross’ should always be emphazed. Just because many people wouldn’t engage in the conduct is not enough. The conduct must grossly deviate from what a reasonable person would do.

reasonable person
What constitutes reasonable or a reasonable person is subject to a lot of interpretation and can be a important area of argument.


THE LAW OFFICE OF KARL A. MUELLER, PLC
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MVD Points in Arizona

MVD Points in Arizona

How many points is my Arizona traffic violation? How many points will go on my driving record for this violation? How many points do I get for this ticket in Arizona? How many points can I get before Arizona Motor Vehicles Division (MVD) suspends my driver’s license? What are points? How many points can I have on my license? These are common questions that people ask me almost every day. I wanted to take a moment to answer these questions and list a few common violations and the accompanying points that MVD assesses to an individual’s driving record for those violations.

Arizona law requires the Motor Vehicles Division (MVD) to assess points to a motorist for judgments or convictions for certain violations of Arizona law. These points go on your Motor Vehicle Record (MVR). It is the accumulation of points that dictates action by MVD. The number of points required for MVD to take action against your driving privilege may depend on your age and driving record. For example if you are under 18 years of age the number of points you can accumulate before MVD suspends your driving privilege is different than if you are 21 years of age. Also certain violations require the attendance of Traffic Survival School (TSS). Once you have attended TSS, if you receive any points in the following 24 months MVD will suspend your driving privileges regardless of the total number of points on your Motor Vehicle Record (MVR) or the number of previous violations. (see Something to Consider Before you Plead Responsible to a Red Light Violation in Arizona in this blog) also (see Defensive Driving School vs. Traffic Survival School in this blog)

Here are a few common violations and the points associated with being found responsible or guilty for these violations:

Violation / Description / Points

28-644A1 / Failure to Obey a Traffic Control Device / 2
28-645A3a / Failure to Stop for a Red Light / 2
28-693 / Reckless Driving / 8
28-695 Aggressive Driving 8
28-701A / Speed not Reasonable and Prudent / 3
28-701.02 / Excessive Speed / 3
28-708A / Racing on Highways / 8
28-730A / Following too Closely / 2
28-797E / Speed Greater than 15 MPH in a School Crossing / 2
28-1381A1 / DUI / 8
28-1381A2 / DUI .08% or more / 8
28-1381A3 / DUI Drugs / 8
28-1382 / Extreme DUI / 8


THE LAW OFFICE OF KARL A. MUELLER, PLC
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How Felonies are Charged in Arizona

How Felonies are Charged in Arizona

How is a felony charged? Will I be arrested? What can I expect? These are questions I often get from people who have been arrested for a felony and are still awaiting charges. They have no idea what to expect, and many unanswered questions about the process of how felony charges are filed. It is understandably very unsettling to have felony charges looming in the near future especially when you have no idea what to expect. People worry that one day soon the police are going to show up at their place of work and haul them off to jail. Here is a brief explanation of how felonies are charge in Arizona.

After the investigating law enforcement agency believes they have accumulated enough evidence to support felony charges, that agency will submit their investigation and recommended charges to the appropriate prosecutorial agency. A prosecutor reviews the submittal and then makes a decision as to what charges to file and what process to bring those charges. A felony case is charged by either the grand jury or a criminal complaint.

Grand Jury
If a case goes forward by way of the grand jury, the prosecutor presents a summary of the evidence to a grand jury. The grand jury then decides whether or not there is enough evidence to go forward. If the grand jury feels there is enough evidence that probable cause exists, then the grand jury issues what is called a “true bill” and an indictment is issued. The grand jury indictment is then filed with the court.

Complaint
If a case goes forward by way of complaint, a prosecutor reviews the recommended charges and a complaint is filed under oath by a peace officer alleging that an offense occurred and the person charged committed the offense. The defendant is then typically served with a criminal summons to appear in court on the charges. A prosecutor can elect to proceed by requesting a warrant, but a summons is the preferred method. If a defendant fails to appear and honor the summons, the trial court will issue a warrant for the defendant’s arrest. A defendant who is charged by complaint is entitled to a preliminary hearing for a determination of probable cause by a magistrate before the prosecution can proceed with the charges.

In contrast, a defendant charged by indictment is not entitled to a preliminary hearing because the grand jury has already made the finding of probable cause.” For more on the consequences of a felony conviction (see Consequences of a Felony Conviction in this blog)


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