A Class 3 Misdemeanor Criminal Speeding stacked with a Class 2 Misdemeanor Open Container could have produced 4 months of combined jail exposure and $1,200+ in fines. Future First amended the speeding charge to civil traffic and got the Open Container dismissed entirely.
At a glance
| Court | Scottsdale City Court |
| Original charges | Criminal Speeding (ARS § 28-701.02), Class 3 Misdemeanor; Open Container (ARS § 4-251(A)(2)), Class 2 Misdemeanor |
| Combined presumptive exposure | Up to 4 months jail, fines and surcharges above $1,200, MVD points, insurance and licensing consequences, permanent criminal records on either count |
| Result | State amended Criminal Speeding down to civil traffic violation (Speed Not Reasonable and Prudent under ARS § 28-701(A)); Open Container count dismissed; plea to civil traffic infraction with $388.10 in fines; no jail; no probation; no criminal conviction |
| Eligibility for sealing | Immediate under ARS § 13-911 on the criminal arrest record (no criminal conviction) |
The stakes
The client faced two criminal counts at Scottsdale City Court: a Class 3 Misdemeanor Criminal Speeding charge under ARS § 28-701.02 and a Class 2 Misdemeanor Open Container charge under ARS § 4-251(A)(2). Combined exposure ran up to 4 months jail, fines and surcharges above $1,200, MVD points, insurance and licensing consequences, and permanent criminal records on either count.
What we did
After Future First negotiated the plea, the State amended the Criminal Speeding charge down to a civil traffic violation (Speed Not Reasonable and Prudent) and dismissed the Open Container count outright. The client pled to the civil traffic infraction with $388.10 in fines, no jail, no probation. No criminal conviction was entered on either count. The client kept the record clean of any criminal misdemeanor. Under ARS § 13-911, the arrest record is eligible for sealing immediately on the criminal counts that were dismissed, and no set aside is needed because no criminal conviction was entered.
What our clients say
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If you’re facing stacked traffic and alcohol misdemeanors in Arizona
Open Container violations under ARS § 4-251 cover possession of an open alcoholic beverage in the passenger area of a motor vehicle on a public highway. The Class 2 Misdemeanor classification carries up to 4 months jail and a $750 fine ceiling. When stacked with a Criminal Speeding count, the combined exposure produces meaningful jail and fine risk.
Reducing a stacked criminal traffic case to a single civil traffic infraction is the strongest possible outcome short of full dismissal. The civil plea closes the case without any criminal conviction. Combined with dismissal of the Open Container count, the practical record impact is zero criminal misdemeanors.
Future First Criminal Law has handled stacked traffic-and-alcohol misdemeanor cases across Maricopa County and Arizona. We know how Scottsdale City Court and other municipal courts evaluate civil-traffic reduction requests on Criminal Speeding paired with companion alcohol counts.
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
Call us
Facing a Criminal Speeding or Open Container charge in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of misdemeanor cases at every tier 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 and Open Container law, visit the Arizona State Legislature website.