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 speeding. Excessive speeding is a criminal charge subjecting you to serious consequences, including possible jail time and impound of your vehicle.
The Law Office of Karl A. Mueller, PLC, is here to help you fight this charge and protect your driving record. You can count on attorney Karl A. Mueller to put your best interests first. We serve clients in Gilbert, Chandler, Apache Junction and throughout the East Valley in the Phoenix metropolitan area. Call 602-730-7857 for a free initial consultation.
We Understand The Defenses That May Be Available
Depending on the circumstances surrounding your charge, we may be able to use one or more of the following defenses:
- Burden of proof — Because excessive speeding is a criminal charge, you are entitled to all the protections afforded to anyone charged with a crime. The prosecutor must prove your excessive speeding charge with the same burden of proof that exists in a criminal 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 speeding 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, the police officers must follow the laws that govern whether your answers are voluntary and proper under the law. Otherwise, the answers may not be admissible in court.
- 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.
- Proving the identity of the driver — Identity is always an issue. In a criminal case, identity must be proven beyond a reasonable doubt. The prosecution must also prove that the vehicle that was measured is the same vehicle that the officer eventually stopped. What an officer may take for granted in a routine civil traffic violation may not be enough to sustain a criminal conviction.
To find out more about challenging your criminal speeding ticket, contact defense lawyer Karl A. Mueller today to schedule a free initial consultation.