Criminal Speeding Related To DUI

by Aaron M. Black • April 19, 2024

Danger and death are byproducts of criminal speeding, known in Arizona law as excessive speeding, when driving impaired amplifies both outcomes.

Speedometer Blurred From Excessive Criminal Speeding

Examples of Criminal Speeding and Driving Under the Influence:

An Arizona sheriff’s deputy saw a 22 year-old DUI suspect driving erratically about 2 a.m. in late February 2024 in Cottonwood. Trying to avoid a traffic stop, the DUI suspect endangering himself, turned onto Highway 260, shut off the headlights and increased speed up to 100 mph before sliding off the road and down a 200 foot embankment, resulting in a serious neck injury, reported KTAR radio.

You may recall from November 2021 Las Vegas Raiders player Henry Ruggs III driving his Corvette up to 156 mph, hard braking, moments before hitting a RAV4 killing a young woman and her dog. His blood-alcohol concentration (BAC) tested more than twice the legal limit. He was sentenced to “three and up to 10 years in prison,” reported ESPN.


“In Arizona, if you are caught driving 85 MPH or more it will result in a criminal speeding charge, a Class 3 misdemeanor, not just a ticket.”


Arizona’s criminal speeding law

Criminal speeding is a Class 3 misdemeanor, unlike civil speeding tickets which are citations, and is codified under Arizona Revised Statute §28-701.02.

This section makes it illegal to exceed 35 mph in approaching a school crossing or exceeding the posted speed limit in a business or residential district by more than 20 miles per hour. If a speed limit sign is not posted, exceeding 45 mph in those areas is criminal speeding and so is traveling at more than 85 mph anywhere.

Consequences of a Class 3 misdemeanor conviction

Authorities consider criminal speeding seriously but it is kept out of the felony range. Still, a Class 3 misdemeanor conviction is significant:

For a first criminal speeding offense, thirty days of incarceration under Arizona Revised Statute §13-707. A second criminal speeding offense within two years of the first raises the charge to a Class 2 misdemeanor with more harsh punishments. Incarceration for as long as 30 days. Fines total $500 and one year of probation.

A judge may order other penalties including mandatory education classes, community service, the license to drive is suspended, and a criminal record.

Consequences of a DUI conviction

Most DUI charges are misdemeanors. A first-time Class 1 misdemeanor DUI conviction requires spending time in county jail up to a maximum of six months and a minimum of 10 days. However, on a minimum DUI impaired to the slightest degree of a .08 BAC, the time in custody can be as short as one day with the other nine days suspended upon the completion of court ordered alcohol screening and education.

The license to drive is suspended for 30 days, followed by a restricted license for traveling to work or school for 60 days, before the license can be reinstated at the defendant’s expense. A conviction adds three points to the license to drive.

Suspended Drivers License

Base fines total more than $1,500, plus the cost of jail and MVD (sometimes the court in extreme DUI cases) will require the installation of an ignition interlock device to prevent driving if the defendant had anything to drink. The court also will order alcohol screening, education and a treatment program at your expense. Serving time in service to the community may also be part of the punishment.

A second misdemeanor DUI conviction has more harsh punishments. Time in jail can range from six days to six months. Fines are boosted to a base of $3,468. The driver’s license is revoked for one year, but obtaining a restricted license to travel from home to work or school is possible after 45 days with expensive SR-22 (Social Responsibility) insurance, really a document proving auto insurance coverage is in force.

Criminal speeding defenses

Some cities use commercial companies to place and monitor automated photo speed enforcement cameras but the accuracy of technicians testifying in court can be challenged. The defense can also argue that the defendant’s speed was safe despite the posted speed limit.

A traffic officer commonly uses four methods to determine a motorist’s speed. These are by pacing the suspect’s vehicle with the patrol car, using radar, laser, and sight, which means the officer is parked observing traffic and estimates the suspect’s speed. The defense can challenge all of these based on the officer’s estimation and training issues.

DUI defenses

Several defenses are available. Law enforcement did not have the legal authority to make the traffic stop by having a probable cause or reasonable suspicion that a law was broken or was about to be violated.

The traffic officer violated constitutional rights by failing to advise the suspect about the Fifth Amendment right to remain silent to avoid self-conviction and the right to have an attorney during questioning.

The field sobriety tests were not accurate or were administered improperly. The breathalyzer, blood, or chemical tests were flawed because of equipment error or improper storage issues. The police report contained factual errors or blatant omissions.

Aaron M. Black Law for DUI with criminal speeding defense

Should you or a loved one be arrested for a DUI with a criminal speeding offense, it is imperative that you be promptly represented by an experienced DUI defense attorney such as myself. In my decade’s long career as an aggressive DUI defense attorney, I know that good people can make a mistake and find themselves in legal difficulty, and that police officers can and do make mistakes. That is why I work diligently to construct the best DUI defense possible while providing clients emotional support and encouragement. That’s our DUI Concierge approach to your legal challenges.

I will scrutinize the state’s evidence for errors, omissions and review the personnel records of the arresting officer looking for inconsistencies and ignoring the law. I also will work to develop information and evidence that is favorable to your case.

Begin your DUI defense immediately by calling 480-729-1683 at any time on any day, and I will promptly respond unless I am in court or at trial. Or use the online contact form on my website.

I defend all levels of DUI cases throughout Arizona, including Maricopa, Pinal, Yavapai, and Coconino County Superior Courts.

About the Author

Aaron Black Phoenix DUI LawyerAaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal defense matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes, and white-collar crime cases.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI Attorney and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
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