A San Marcos criminal speeding charge is a Class 3 misdemeanor, not a routine ticket. The client was paced at 96 mph in a 55 mph construction zone. Future First got the criminal charge reduced to a civil violation, so no criminal conviction entered.
At a glance
| Court | San Marcos Justice Court |
| Original charge | Criminal Speeding (ARS § 28-701.02(A)(3)), Class 3 Misdemeanor |
| Exposure | Up to 30 days in jail, a fine up to $500 plus surcharge, and a permanent criminal record |
| Result | Reduced to a civil Speed Greater Than Reasonable and Prudent violation, $259.50 fine, 20 hours community service |
| Set aside | Not required, no criminal conviction entered |
| Sealing | Eligible to seal the case record under ARS § 13-911, approximately 2026 |
The stakes
The client faced a Class 3 misdemeanor for criminal speeding in San Marcos Justice Court. Many drivers think a speed charge is a ticket. It is not. Criminal speeding under ARS § 28-701.02 is a crime. A conviction creates a permanent criminal record that shows up on background checks for jobs, housing, and immigration.
The exposure was real. A Class 3 misdemeanor carries up to 30 days in jail, a fine up to $500 plus surcharge, and points against the driver’s license. The client was clocked at 96 mph in a posted 55 mph construction zone, the kind of fact a prosecutor uses to push for the full penalty.
What we did
Future First negotiated the criminal charge down to a civil violation. After Future First worked the case, the State amended the criminal speeding count to a civil Speed Greater Than Reasonable and Prudent violation under ARS § 28-701(A). The client pleaded responsible to the civil violation, paid a $259.50 fine, and agreed to 20 hours of community service.
No criminal conviction entered. The client kept a clean criminal record. A San Marcos criminal speeding charge that started as a Class 3 misdemeanor ended as a civil traffic matter with no jail and no crime on the record. The client is also eligible to seal the case record under ARS § 13-911.
What our clients say
See verified reviews from Future First clients:
If you are facing San Marcos criminal speeding charges in Arizona
San Marcos criminal speeding charges under ARS § 28-701.02 apply when a driver exceeds the posted limit by more than 20 mph, or drives over 85 mph, or exceeds 35 mph near a school crossing. The charge is a Class 3 misdemeanor. That is a criminal offense, not a civil ticket.
The defense goal is to keep a crime off your record. In many cases the charge can be reduced to a civil violation or dismissed through a defensive driving option or a negotiated plea. The facts of the stop, the pacing or radar method, and the construction zone signage all matter. A reduction to a civil violation means a fine instead of a criminal record.
Speed cases move fast in the justice courts. The earlier a defense lawyer reviews the discovery, the more room there is to negotiate a civil outcome.
Related resources
Call us
Facing a criminal speeding charge in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We reduce criminal speed charges to civil violations and protect your record.
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 law, visit the Arizona State Legislature website.