A Class 2 Misdemeanor Reckless Driving plus a Class 3 Misdemeanor Criminal Speeding at San Marcos Justice Court carried stacked criminal traffic exposure with two permanent misdemeanor convictions on the record. Future First got both criminal counts dismissed and resolved the case to a civil speeding infraction only.
At a glance
| Court | San Marcos Justice Court |
| Original charges | Reckless Driving (ARS § 28-693(A)), Class 2 Misdemeanor; Criminal Speeding – Exceed Posted Speed More than 20 mph Over (ARS § 28-701.02), Class 3 Misdemeanor |
| Presumptive exposure | Up to four months jail on the C2M under ARS § 13-707, up to 30 days on the C3M, combined fines up to $1,500 plus 84 percent surcharges, supervised probation up to two years on the C2M, mandatory MVD points and an 8-point violation flag, significant insurance rate increases, a two-year arrest record sealing wait under ARS § 13-911, and two permanent misdemeanor convictions on the record that surface on every employment, housing, professional licensing, and immigration background screen |
| Result | State dismissed both criminal counts; client entered a responsible plea to a civil speeding infraction (Speed Greater than Reasonable and Prudent under ARS § 28-701); $331.50 civil fine; Traffic Survival School completed within 90 days; no criminal conviction; no jail; no probation |
| Set aside under ARS § 13-905 | Not needed (no conviction entered) |
| Eligibility for sealing | Approximately 2025 under ARS § 13-911, immediately for the dismissed criminal charges |
The stakes
The client faced a Class 2 Misdemeanor Reckless Driving charge under ARS § 28-693(A) and a Class 3 Misdemeanor Criminal Speeding charge in San Marcos Justice Court. Stacked C2M and C3M convictions would have meant up to four months jail on the C2M under ARS § 13-707, up to 30 days on the C3M, combined fines up to $1,500 plus 84 percent surcharges, supervised probation up to two years on the C2M, mandatory MVD points and an 8-point violation flag, significant insurance rate increases, a two-year arrest record sealing wait under ARS § 13-911, and two permanent misdemeanor convictions that surface on every employment, housing, professional licensing, and immigration background screen.
What we did
Future First negotiated the case down by getting both criminal counts dismissed. The client entered a responsible plea to a civil speeding infraction under ARS § 28-701, paid a $331.50 civil fine, and completed Traffic Survival School within 90 days. No criminal conviction entered. No jail. No probation. Set aside under ARS § 13-905 not needed because no conviction was entered. Arrest record sealing under ARS § 13-911 available immediately for the dismissed criminal charges, eligible approximately 2025.
What our clients say
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If you’re facing stacked criminal traffic charges in Arizona
Full dismissal of both criminal counts and reduction to a civil infraction is the strongest possible outcome on a stacked criminal traffic case. The client walks away with no criminal conviction on either count, no MVD points from the criminal counts (the civil infraction carries its own points), and arrest record sealing available immediately on both criminal dismissals. Traffic Survival School completion is the standard add-on requirement for the civil infraction.
The civil infraction route under ARS § 28-701 (Speed Greater than Reasonable and Prudent) is the discretionary civil speeding statute. Civil infractions carry fines and MVD points but no criminal record imprint. Insurance carriers price civil infractions significantly lower than criminal traffic misdemeanors in their risk models.
Future First Criminal Law has handled stacked criminal traffic cases across Maricopa County and Arizona. We know how San Marcos Justice Court and other county justice courts evaluate dual-count dismissal negotiations.
Related resources
- Arizona criminal defense — misdemeanor defense strategy
- Set aside and sealing in Arizona — how to clean up your record
Call us
Facing stacked criminal traffic charges in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona criminal traffic cases. 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 law, visit the Arizona State Legislature website.