Merging onto the Price Freeway after leaving Tempe Marketplace and matching the pace of traffic at 90 mph can feel completely normal on a busy Phoenix evening, until flashing lights appear in your mirror. Unfortunately, anything over 85 mph in Arizona is not a civil traffic infraction. This is due to ARS 28-701.02, which classifies it as criminal speeding, a Class 3 misdemeanor that goes directly onto your permanent record. A skilled criminal speeding lawyer in Phoenix from Lerner and Rowe Law Group can fight to keep that conviction off your record. Read on for more details.
Why 85 MPH on the Loop 101 and 202 Is Not Just a Traffic Ticket
Most drivers assume speeding tickets are civil matters, paid online and forgotten. That assumption is expensive on Loop 101 and Loop 202.
The moment your speedometer crosses 85, you are no longer looking at a fine; you’re looking at a misdemeanor criminal charge with up to 30 days in jail, up to $500 in fines plus an 83% surcharge, and one year of probation. The conviction cannot be expunged in Arizona and does not drop off your criminal background.
Note that driving 20 miles over the posted speed limit anywhere, you are committing a misdemeanor.
Most people cited on Loop 101 were simply moving with traffic and had no idea they were crossing into criminal territory. That explanation does not help at Maricopa County Justice Court, and it does nothing to prevent the conviction from appearing on your permanent background check.
Heavy Enforcement Through Chandler, Tempe, and Scottsdale
Arizona DPS and local law enforcement agencies run regular speed enforcement operations along the Loop 101 corridor, particularly through the dense commercial stretches near Chandler Fashion Center and Scottsdale Fashion Square.
The Arizona Department of Public Safety has run dedicated zero-tolerance speed enforcement programs on Arizona freeways, with the 85 mph threshold as a primary enforcement trigger.
Officers use RADAR, LiDAR, and speedometer-verified vehicle pacing to clock drivers on this corridor. Each method has calibration and certification requirements, and each one can be challenged.
Arizona DPS also runs dedicated zero-tolerance speed enforcement programs on Arizona freeways, with 85 mph (20MPH over the posted speed limit) as the primary trigger. The Chandler and Tempe sections of the Price Freeway are especially active zones, where officers have easy shoulder access and heavy traffic keeps exit-to-exit speeds high.
Facing a Class 3 Misdemeanor? Hire a Criminal Speeding Lawyer in Phoenix
A Class 3 misdemeanor is the lowest tier of criminal charge in Arizona, sitting just above a civil infraction. That sounds reassuring until you realize it still shows up on every criminal background check your employer, landlord, or professional licensing board runs.
Unlike a civil speeding ticket, you cannot automatically attend defensive driving school if eligible to have a criminal speeding charge removed from your record. That option only exists at the court’s discretion, and prosecutors do not hand it out freely without skilled advocacy.
A criminal speeding lawyer in Phoenix from Lerner and Rowe Law Group will appear at your initial hearing, negotiate directly with the prosecutor, and push for a civil reduction or dismissal. Many of our clients resolve these cases without a single courtroom appearance.
Collateral Damage: License Points and Skyrocketing Insurance Rates
A criminal speeding conviction adds three points to your Arizona driver’s license. Accumulate eight points within 12 months, and MVD mandates Traffic Survival School.
Reach 12 points and your license gets suspended. Beyond the license, the insurance rate impact is substantial. Insurance companies treat a misdemeanor speeding conviction as a significant risk factor and adjust premiums accordingly, sometimes for three years or more after the conviction date.
Commercial driver’s license holders face even steeper consequences. A criminal speeding conviction can trigger CDL disqualification periods under federal rules, threatening the livelihood of professional truck drivers and anyone who holds a CDL as a condition of their job.
An experienced Phoenix defense attorney from Lerner and Rowe Law Group will make sure every consequence is on the table before you decide how to handle your case.
How a Criminal Speeding Lawyer in Phoenix Fights Maricopa County Charges
Speed measurement evidence is more vulnerable than it looks. RADAR and LiDAR devices require regular calibration and certified operators.
Pacing requires the officer’s speedometer to be independently verified as accurate. Any gap in that documentation gives a criminal speeding lawyer in Phoenix grounds to challenge the reading before the charge ever reaches a guilty plea.
Lerner and Rowe Law Group’s experienced Phoenix defense attorneys handles criminal speeding charges arising from:
- Driving 20+ mph over the posted limit in residential or business areas
- Criminal speeding citations stacked alongside reckless driving charges
- Out-of-state drivers cited on Arizona freeways whose home state license is at risk
- CDL holders facing commercial license consequences from a misdemeanor conviction
Securing Civil Reductions with a Criminal Speeding Lawyer in Phoenix
The most common and valuable outcome in a criminal speeding case is a negotiated reduction from the Class 3 misdemeanor to a civil traffic infraction.
Under ARS 28-701.02, prosecutors cannot issue a civil complaint for the same conduct that gave rise to a criminal charge, but a plea negotiation can result in the criminal charge being dismissed and replaced with a civil infraction. This keeps the misdemeanor off your criminal record and leaves your background check clean.
Not every prosecutor grants this reduction willingly. A criminal speeding lawyer in Phoenix who knows Maricopa County court practices, has standing relationships with city and justice court prosecutors, and understands which arguments carry weight in which courtrooms is the difference between walking out clean and carrying a permanent conviction.
Protect Your Driving Record with a Phoenix Defense Attorney
An 85 mph citation on Loop 101 does not have to follow you for life. You can trust the savvy Phoenix defense attorney team at Lerner and Rowe Law Group to do everything possible to win you a favorable result. Reach out to us today to schedule your confidential and free consultation.
Our Arizona criminal defense attorneys are available 24/7 by phone at (602) 667-7777. You can also reach us through our secure contact form or by speaking directly with our LiveChat representatives.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.