A Class 3 Misdemeanor Criminal Speeding charge at Desert Ridge Justice Court for exceeding the posted speed limit by 20 mph or more could have produced a permanent criminal record. Future First routed the case into Defensive Driving School and got it dismissed.
At a glance
| Court | Desert Ridge Justice Court |
| Original charge | Criminal Speeding – Exceed Posted Speed by More than 20 mph (ARS § 28-701.02(A)(3)), Class 3 Misdemeanor |
| Presumptive exposure | Up to 30 days jail, up to $500 fine plus 78% surcharge, 3 MVD points, permanent criminal record |
| Result | Dismissed after Defensive Driving School completion |
| 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 Criminal Speeding charge under ARS § 28-701.02(A)(3) at Desert Ridge Justice Court. Subsection (A)(3) covers driving more than 20 mph above the posted speed limit in a business or residential district.
Criminal Speeding in Arizona carries up to 30 days jail, up to $500 fine plus surcharges, 3 MVD points, a permanent criminal conviction, and potential insurance and licensing consequences. Unlike civil speeding, a Class 3 Misdemeanor Criminal Speeding conviction sits on the criminal record permanently and shows up on every standard background check.
What we did
After Future First negotiated entry into the Defensive Driving School diversion track and the client completed the program, the court entered dismissal of the Criminal Speeding charge in 2021.
No criminal conviction was entered. No jail, fine, or probation was imposed. Under ARS § 13-911, the arrest record is eligible for sealing immediately upon dismissal, and no set aside is needed because no criminal conviction was entered.
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) turns certain speed violations into criminal misdemeanors rather than civil traffic infractions. Subsection (A)(1) covers speed over 35 mph in a school zone. Subsection (A)(2) covers speed in excess of 85 mph anywhere. Subsection (A)(3) covers speed over 20 mph above the posted limit in a business or residential district. Any one of those subsections triggers a Class 3 Misdemeanor with the same maximum penalties.
Defensive Driving School (DDS) is one of the strongest paths to dismissal on Criminal Speeding, but eligibility depends on the specific facts, the driver’s history, and the prosecutor’s posture. Some courts approve DDS readily on first-time offenders with clean records. Other courts require a written motion before the prosecutor will agree.
Future First Criminal Law has handled Criminal Speeding cases across Maricopa County and Arizona. We know which courts approve DDS at the first appearance and which require pressure. The earlier we are involved, the more options exist before the prosecutor commits to a hard plea.
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.