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A Criminal Speeding charge at Glendale City Court could have produced a permanent criminal record, jail exposure, and points on the driving record. Future First filed two Motions to Dismiss showing the State had a jurisdiction problem the prosecutor had missed, and the State dropped the case.
At a glance
| Court | Glendale City Court |
| Original charge | Criminal Speeding – Excessive Speed 85+ mph (ARS § 28-701.02), Class 3 Misdemeanor |
| Presumptive exposure | Up to 30 days jail, up to $500 fine plus 78% surcharge, 3 MVD points, permanent criminal record |
| Result | State filed Motion to Dismiss in the interest of justice after defense challenged jurisdiction; court granted dismissal |
| Conviction | None |
| Eligibility for set aside | N/A (no conviction) |
| Eligibility for sealing | Immediate under ARS § 13-911 in 2020 (case ended in dismissal) |
The stakes
The client faced a Class 3 Misdemeanor for Criminal Speeding in 2020 in the Phoenix area. Criminal Speeding under ARS § 28-701.02 carries up to 30 days in jail, fines up to $500 plus a 78 percent surcharge, and 3 points on the driving record. A conviction would have left a permanent criminal mark on the client’s record affecting employment, insurance, and immigration status.
The defense team reviewed the police report, the location of the alleged offense, and the municipal boundaries. The case had a jurisdiction problem the State had missed. The cited location sat outside the municipal limits where the charging authority applied.
What we did
Future First filed two Motions to Dismiss challenging jurisdiction with municipal boundary exhibits and police report analysis. After the second motion, the State filed its own Motion to Dismiss all charges in the interest of justice.
The court granted the dismissal in 2020. No conviction entered, no fine, no points on the driving record. 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.
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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. A first-time driver often does not realize a speeding citation is criminal until the first court appearance.
Jurisdiction challenges are an underused defense in traffic cases. Municipal courts have authority over offenses that occur within the city limits. When the cited location sits outside the boundary, the State has filed in the wrong court. A targeted Motion to Dismiss laying out the boundary exhibits and the actual citation location can force the prosecutor to reassess the case. Sometimes the State responds by transferring to the right court. Sometimes the State drops the case in the interest of justice rather than refile.
Future First Criminal Law has handled Criminal Speeding cases across Maricopa County and Arizona, including jurisdiction-driven dismissals. We know how Glendale City Court and other municipal courts evaluate boundary disputes, and how to assemble the exhibits that move a Motion to Dismiss.
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.