A.R.S. § 28-701.02 — Criminal Speeding (Excessive Speed)

The three triggers

• Exceeding 35 mph approaching a school crossing
• Exceeding the posted limit by more than 20 mph, or exceeding 45 mph where no limit is posted
• Exceeding 85 mph anywhere — regardless of the posted limit

The 85-mph trigger is the one that catches ordinary drivers: on a 75-mph stretch of interstate, eleven over the limit is a crime. The charge is a class 3 misdemeanor — a criminal offense that produces a criminal record, unlike the civil speeding violation a few miles per hour slower would have been.

Penalties

A class 3 misdemeanor carries up to 30 days in jail and a fine of up to $500 plus surcharges — in practice, jail is rare and fines are the norm. The conviction adds three points to your MVD record, appears on background checks as a criminal conviction, and reaches your insurer at renewal. For CDL holders and anyone whose employment involves driving, the record consequence dwarfs the fine.

Defending it

The State must prove the speed itself — radar and lidar calibration records, operator certification, visual estimates, and pacing methods are all challengeable — and must prove it beyond a reasonable doubt, because this is a criminal case with full criminal procedure. The practical goal in most cases is a reduction to a civil violation: no record, no jail exposure, no criminal conviction for an insurer or employer to find. How we approach that is on the criminal traffic defense page.