criminal speeding in arizona - car on road with the background blurred

Defenses for Criminal Speeding in Arizona

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While many people never think to fight speeding tickets, severe penalties can result after multiple offenses and/or criminal speeding violations. You can lose your license and even face jail time! It is important to recognize that the state of Arizona has a “reasonable and prudent standard” for speeding. That essentially means that the posted limits are just baselines that can be rebutted in court with a solid defense provided by a qualified attorney like Todd Coolidge.

Criminal speeding charges are another matter entirely, and can result in 30 days in jail, a fine of $500 (with an 83% surcharge) and up to a year of probation. Not only that, criminal speeding NEVER comes off of your record. A criminal speeding conviction is public and can hinder your employment opportunities and result in other unintended consequences. Criminal speeding in Arizona is no joke. There are 3 ways you can be charged with criminal speeding in Arizona.

  1. Going over 35 miles per hour in a school zone
  2. Going over 20 miles per hour above a posted speed limit (or if no limit is posted, going over 45 miles per hour)
  3. Going over 85 miles per hour on freeways or highways

Defending against these charges comes down to how the officer attempts to prove you were speeding. There are three ways they can do that, those being Pacing, Radar and LiDAR.

Pacing is when an officer, unequipped with either radar or laser, simply follows you at what he or she believes to be the same speed. This of course is the most inaccurate way of measuring speed. Human error is a huge issue in these situations. Unfortunately, Arizona Courts do in fact admit this form of testimony as evidence in determining speed. In this case it is important for your Certified Criminal Law Specialist to cross examine the officer on the obvious unreliability of this method of determining speed.

RADAR is something we are all familiar with. It is a 100+ year old technology. That in itself should hint at it’s unreliability. The flaws with police radar are that it doesn’t actually tell you which object it is measuring or even which direction it is going. There are a large contingent of possible interfering sources whether they are other objects like other cell phones, tablets, cards, road signs or even the officer’s A/C unit.

LiDAR is the hardest form of evidence to beat. While it is more reliable than pacing or radar, there are still issues like light refraction – especially in the summertime. The readings can also be compromised when it is raining. A third factor is if the officer is attempting to get a reading through the windshield. However, the biggest issue is police misuse. Sweeping results when the officer is not holding the device completely still, resulting in a false reading.

Contact Todd Coolidge today
if you are facing charges of criminal speeding in Arizona.

Images used under creative commons license – commercial use (1/26/2016) Abdullah AlBargan (Flickr)

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