The court denied the first Defensive Driving School motion on a Criminal Speeding charge, citing a posted policy that DDS is available only on speeds 95 MPH and below. Future First pushed back on the policy position and pursued amendment to a civil traffic violation.

At a glance

Court	Ironwood Justice Court
Original charge	Criminal Speeding (ARS § 28-701.02(A)(3)), Class 3 Misdemeanor
Presumptive exposure	Criminal conviction, up to 30 days jail exposure, court fines and surcharges, points on driving record, permanent criminal record
Court’s initial posture	First DDS motion denied citing a posted 95 MPH-and-below policy for diversion eligibility
Result	Amended citation reducing charge to civil traffic violation (Speed Greater than Reasonable and Prudent, ARS § 28-701(A)); Defensive Driving School completed; total payment $256.25 inclusive of surcharge and assessments; no criminal conviction
Eligibility for set aside	N/A (no criminal conviction)
Eligibility for sealing	Immediate under ARS § 13-911 in 2022 (case ended in dismissal of the criminal charge)

The stakes

The client was stopped on a Phoenix-area interstate and cited for criminal speeding under ARS § 28-701.02(A)(3) after a laser reading over the 20 MPH threshold. The charge is a Class 3 misdemeanor in Arizona, with jail exposure up to 30 days, fines, and a criminal record.

The court initially denied the first motion to allow Defensive Driving School, pointing to a posted court policy of 95 MPH and below for diversion eligibility. With DDS off the table under the court’s standard policy, the default path was a guilty plea to the criminal charge.

What we did

Future First pushed back on the court’s policy position and pursued amendment of the citation as a path to keep a criminal conviction off the record. The firm secured an amended citation reducing the charge to a civil traffic violation under ARS § 28-701(A) (Speed Greater than Reasonable and Prudent).

The client completed Defensive Driving School. Total payment came to $256.25. No criminal conviction. No jail. No probation. The client is eligible to petition to seal the arrest record under ARS § 13-911 in 2022.

What our clients say

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If you’re facing a Criminal Speeding charge in Arizona

Many Arizona justice courts and municipal courts have posted policies that limit Defensive Driving School eligibility on Criminal Speeding cases. Common policies include 95 MPH-and-below for highway speeds, no DDS for repeat offenders, and no DDS for cases with multi-subsection citations. When the court applies the policy without further analysis, defense counsel has to push back on the policy itself or find an alternative path to keep the criminal conviction off the record.

Amendment to a civil traffic violation is the alternative path when DDS is denied. The State has discretion to amend a Criminal Speeding charge under § 28-701.02 down to a civil traffic violation under § 28-701(A) (Speed Greater than Reasonable and Prudent) or another civil-only equivalent. A civil plea closes the criminal case without any criminal conviction entered. Combined with DDS completion, the points exposure can also be eliminated.

Future First Criminal Law has handled Criminal Speeding cases across Maricopa County and Arizona, including cases where the court’s DDS policy initially blocked diversion. We know how Ironwood Justice Court and other justice courts handle amendment requests and how to layer DDS completion onto a civil traffic 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.