How Much over the Speed limit is a Felony in Arizona?

Overspeeding in Arizona typically results in a civil infraction or misdemeanor. Such incidents become felonies when there's a fatal accident, such as loss of life or bodily injury.

The Arizona Revised Statutes (ARS) § 28-701.02 sets speeding limits based on roads within the state. The limits may differ based on the road type and location. Examples of speed limits in Arizona include the following:

• Not more than 35 miles per hour when approaching a school environment.
• Not more than 20 miles above the speed limit in a business or residential district.
• Not more than 45 miles per hour on roads where there are no speed limits.

Note: The Arizona Department of Transportation sets speed limits based on the traffic level, average speed, and road condition.

Is Speeding a Felony in Arizona?

Speeding is not a felony in Arizona. Overspeeding generally results in a speeding ticket, and offenders may face different penalties, depending on the circumstances of the incident. If you exceed the speed limit by less than 20 mph, it is a civil infraction. However, driving over 20 mph over the speed limit is a misdemeanor offense. Persons guilty of speed-related misdemeanors may face both administrative and criminal penalties. The penalties include paying fines, jail terms, and revoking the offender's driver's license.

In Arizona, speeding is generally a felony when the act leads to injury or loss of life. It is also a felony if you were under the influence of an intoxicant or if you fled the scene of the incident. The state does not have a specific charge for speeding-related felonies. Offenders may face felony charges like vehicular manslaughter, reckless endangerment, and aggravated DUI. Per ARS 13-1103, you will receive a vehicular manslaughter charge if the excess speed led to a fatal accident.

Can a Speeding Ticket Become a Felony in Arizona?

In Arizona, a speeding ticket becomes a felony charge under these circumstances:

• The incident led to a fatal accident, such as physical injury and death.
• The offender has a prior conviction for racing on the highway in the last 24 months.
• The offender fled the scene of the accident.
• The offender was under the influence of drugs or alcohol.

Your driving speed does not determine if the speeding ticket becomes a felony charge. Getting a felony charge mostly depends on the circumstances around the event.

Types of Speeding Tickets in Arizona: Infraction, Misdemeanor, or Felony

In Arizona, drivers may receive different speed-related tickets depending on the crime severity and the circumstances around the incidents. Offenders are likely to receive these speed-related violations:

Infractions: Arizona drivers get a speeding ticket for a civil infraction if they exceed the speed limit by less than 20 mph. Offenders may pay up to $250 in fines and have two points added to their driver's license. There is no jail term for infractions.

Misdemeanors: Generally, you are guilty of a speed-related misdemeanor if you exceed the driving speed limit by more than 20 mph. It is also a misdemeanor if the overspeeding poses a potential risk to lives or property. Such offenses include criminal speeding, driving under the influence, speed contests, and reckless driving.

Persons convicted of speed-related misdemeanors may face civil and criminal penalties. For instance, criminal speed offenders may spend up to 30 days in jail and pay a maximum of $500.

Felonies: Speed-related felonies involve high speeds that cause injury, death, or a threat to public safety. Such offenses include vehicle manslaughter, vehicular homicide, and aggravated DUI. Convicted felons may face severe criminal penalties, such as a lifetime revocation of a driver's license and fines up to $150,000.

Penalties for Felony Speeding Tickets in Arizona

In Arizona, persons convicted of felony speeding tickets may face these penalties:

• Jail term (up to 22 years).
• Fines (up to $150,000).
• One year to lifetime revocation of a driver's license.
• Court-mandated programs.
• Permanent visibility on criminal records.

Arizona laws impose specific penalties based on the crime type and severity. For instance, the ARS 28-675 suspends the licenses of persons convicted of negligent vehicular homicide.

How Long Does a Speeding Ticket Stay on Your Record in Arizona?

Arizona does not disclose how long a speeding ticket will remain on your record. However, traffic-related offenses stay on record for five years from the conviction date. This means the record will be visible to all entities, including insurance companies. Insurance companies may increase premiums while the information remains visible on your record.

Arrests concerning speeding violations remain visible and part of Arizona traffic court records and criminal history files. You can expunge the records by using the state-outlined process.

Can a Speeding Ticket Be Expunged from Your Record in Arizona?

In Arizona, you can not expunge criminal speeding tickets from your records. The state law only allows you to set aside speeding tickets and convictions for traffic-related offenses. You can set aside convictions by filing a request with the court that passed the sentence. The court may consider the following factors before making a decision:

• The nature and circumstances of the offense.
• Prior or subsequent convictions.
• The applicant's age at the time of the conviction.
• The victim's input or updates about the victim's restitution.
• The applicant's compliance with the court-mandated programs.
• Any factors that are relevant to the application

If the application is granted, the court will set aside the judgment and may also issue an order releasing the applicant from all penalties resulting from the conviction.