Excessive (Criminal) Speeding

Phoenix Speeding Ticket Lawyer

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 excessive (criminal) speeding - a crime subjecting you to possible jail time.

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Defenses

Burden of proof - Because excessive speeding is a criminal charge, you are entitled to all the protections afforded anyone charged with a crime. The prosecutor must prove your Excessive (Criminal) Speeding charge with the same burden of proof that exists in a homicide case. An officer who is used to coming into court on a civil speeding ticket case and prevailing with a much lower burden of proof may be unprepared to meet the burden of proof beyond a reasonable doubt as is necessary in a criminal case.

Challenging photo enforcement equipment - The State often attempts to use automated photo enforcement equipment to sustain an Excessive (Criminal) Speed charge. This can be very problematic for the prosecution because cities and police departments pay private photo enforcement agencies to carry out photo enforcement and prosecution in court. These private agencies are often not set up to deal with the discovery requirements afforded in a criminal case and the prosecution is forced to dismiss. Also the fact that these private entities are paid and operate for profit gives rise to bias and motive arguments.

Challenging police officer's questioning - Police officers also routinely ask questions and use the answers to those questions to support their case against you. Because it is a criminal case, if the police officers do not follow the existing laws that govern whether the answers to these questions were voluntary and proper under the law, the answers to those questions may not be admissible in your speeding ticket case.

Errors in calculating speed - Other defenses include attacking the accuracy and credibility of the method used to calculate your speed. These include radar, laser, lidar, pace, vascar, visual estimate, aerial and photo enforcement. Because the case is criminal, these methods of speed measurement become subject to criminal discovery and the highest scrutiny afforded in the law. All of this benefits you assuming you have the right lawyer and representation.

Proving identity of driver - Identity is always an issue. In a criminal case, identity must be proven beyond a reasonable doubt. The prosecution must be able to prove that the officer measured the correct vehicle. The prosecution must also prove that the vehicle that was measured is the same vehicle that the officer eventually stops and issues the citation. Our roadways are traveled by many vehicles often in close proximity to one another. An officer may lose sight of a vehicle for significant period of time before overtaking the vehicle and attempting a stop. What an officer may take for granted in a routine civil traffic violation may not be enough to sustain a criminal conviction.

Consequences

Depending on the facts of your case and your driving history, being found guilty of an excessive (criminal) speeding can have many potential consequences including:

  • Jail time
  • Fines
  • Speeding ticket
  • Classes
  • Points accessed to your driving record
  • Potential suspension or revocation of your license
  • Higher insurance, cancellation of insurance, or denial of insurance
  • Conviction of a crime resulting in a criminal record
  • Effects on immigration status, visas, and passports
  • Probation
  • Community service
  • Impounding of your vehicle

Contact Us

To find out more about challenging your criminal speeding ticket, contact a speeding violation attorney today to schedule a free initial consultation.

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