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The State’s plea offer required a guilty plea on a Class 3 Misdemeanor Criminal Speeding charge with a $325 fine and 3 points on the record. Future First filed a Motion to Allow Defensive Driving School over the State’s posture, the court granted diversion, and the case dismissed after DDS completion.
At a glance
| Court | Arrowhead Justice Court |
| Original charge | Excessive Speed – 85+ mph (ARS § 28-701.02), Class 3 Misdemeanor |
| State’s plea offer | Guilty plea to Excessive Speed, $325 fine inclusive of surcharges, 3 MVD points, criminal conviction on the record |
| Result | Court granted Motion to Allow Defensive Driving School over State’s plea offer; client completed DDS within 60 days; criminal charge dismissed |
| Conviction | None |
| Eligibility for set aside | N/A (no conviction) |
| Eligibility for sealing | Immediate under ARS § 13-911 in 2021 (case ended in dismissal) |
The stakes
The client faced a Class 3 Misdemeanor charge for Criminal Speeding under ARS § 28-701.02 at Arrowhead Justice Court. Criminal Speeding in Arizona carries up to 30 days in jail, a fine of $500 plus a 78 percent surcharge, and 3 points on the driving record.
The State’s initial plea offer required a guilty plea to the criminal misdemeanor and a $325 fine. A criminal conviction on the client’s record would have followed them through every future job application and background check. The plea offer locked in the conviction with no path to dismissal.
What we did
After Future First filed a Motion to Allow Defendant to Complete Defensive Driving School, the court granted diversion over the State’s plea posture. The client completed Defensive Driving School within the 60-day window the court ordered.
The criminal speeding charge was dismissed in full. No conviction entered, no MVD points assessed, no fine paid. Because the case ended in dismissal, the client is eligible to seal the arrest record under ARS § 13-911 immediately. Set aside under ARS § 13-905 does not apply because there was no conviction.
What our clients say
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If you’re facing a Criminal Speeding charge in Arizona
Arizona’s Criminal Speeding statute (ARS § 28-701.02) treats certain speed violations as criminal misdemeanors rather than civil traffic infractions. The statute applies in three situations: speed over 35 mph in a school zone, speed over 20 mph above the posted limit in a business or residential district, or any speed in excess of 85 mph anywhere.
Most prosecutors will not offer DDS as part of their initial plea posture. Their default offer is a guilty plea with a reduced fine. Getting DDS approved typically requires defense counsel to file a Motion to Allow Defendant to Complete Defensive Driving School, which lets the court grant the diversion track even when the prosecutor opposes it. The court evaluates the driver’s history, the specific speed alleged, and whether DDS will achieve the same deterrent goals as a conviction.
Future First Criminal Law has handled Criminal Speeding cases across Maricopa County and Arizona. We know how Arrowhead Justice Court and other justice courts evaluate Motions to Allow DDS, and how to write the motion so the court grants diversion over the prosecutor’s opposition.
Related resources
- Arizona criminal defense — full overview of how we handle misdemeanor and felony charges
- Set aside and sealing in Arizona — how to clean up your record after a dismissal or conviction
Call us
Facing a Criminal Speeding charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of traffic-related criminal charges across Arizona. The earlier we are involved, the more options you have.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona Criminal Speeding law, visit the Arizona State Legislature website.