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
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
Having your vehicle impounded