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Arizona Criminal Speeding  ·  The One Exception

Criminal speeding in Arizona? There may be a way out.

Yes — sometimes. Criminal speeding is a class 3 misdemeanor. That makes it a crime, not a ticket. But it’s also the one criminal charge Arizona’s defensive driving program can dismiss. The judge at your court has to say yes first. Here’s how it works, step by step.

Ask the court Take the 4-hour class Charge dismissed

Judge says yes + class done = charge dismissed. For non-CDL drivers, nothing goes on your record.

What makes speeding criminal ↓

Checked against ARS 28-701.02 and the official eligible-violations list

ARS 28-701.02, on the dial

civil ticket +20 over +35 school over the line = criminal

Under those speeds, you have a civil speeding ticket. That one qualifies for the class on its own — no permission needed.

ARS 28-701.02, in plain English

What is criminal speeding in Arizona? The three speeds

Where you were Still a civil ticket Criminal speeding at
Approaching a school crossing 35 mph or less More than 35 mph
Business or residential district 20 over or less More than 20 over
Where no limit is posted 45 mph or less More than 45 mph
Anywhere else 20 over or less More than 20 over
The speeds A.R.S. §28-701.02 turns into a class 3 misdemeanor. Each one is a strict "more than." Exactly 20 over, or exactly 35 near a school crossing, is still a civil ticket. The gauge below counts miles per hour over the posted limit. That is what the two "20 over" rows measure. The school-crossing and unposted-road rules are fixed speeds, so they stay in the table. A.R.S. §28-701.02 verified

Under those speeds, you have a civil speeding ticket. That one qualifies for the class on its own. No permission needed. Our eligible-violations guide covers that easier case.

Your citation tells you which one you have:  CIVIL CRIMINAL  ·  statute ARS 28-701.02

The one carve-out

Why criminal speeding gets a second chance

Marked “CM” on the state’s listCriminal speeding: a path exists
  • StatusThe only criminal violation on the eligible list
  • Who decidesThe court may allow the class — the presiding judge’s call
  • OutcomeJudge says yes + class done = charge dismissed
  • Non-CDL driversNo conviction, no points, nothing on your driving record
No judge can make an exceptionOther criminal charges: no path
  • Reckless drivingExcluded
  • Aggressive drivingNo course can dismiss it
  • Racing on highwaysCriminal from the first offense — never eligible
  • DUI, death or serious injuryExcluded outright
For these charges a course won’t help. An Arizona traffic attorney will.
The state’s own words: criminal speeding is eligible “only with the express permission of the presiding judge of the court that holds jurisdiction over your citation.” In plain words: the judge at your court must say yes first. All the other rules stay the same. In plain words: the judge at your court must say yes first. All the other rules stay the same.

Court first, class second

Three steps to a dismissed charge

Before your appearance date

Ask the court first

Call the court named on your citation before the appearance date printed on it. Ask if you can take defensive driving to clear a criminal speeding charge. The court calls this diversion. Only the presiding judge can allow it. No school can grant it, and signing up early does not create permission.

Once the court says yes

Register once the court says yes

From there it is the ordinary program. We check your citation against the statewide database, and you take the 4-hour class online for $39.95 flat. The usual rules still apply: once every 12 months, one violation per class, and it is court or class, never both.

7 days before court

Finish at least 7 days before your court date

Complete the class with a week to spare and we file your completion with the court. Some courts also ask you to send in your certificate, so check with yours. The court dismisses the charge. For a non-CDL driver nothing reaches the driving record or the insurer.

If the judge says no: show up as directed, and think about talking to an attorney. A class 3 misdemeanor is Arizona’s lowest misdemeanor class. It is still a criminal charge, so keep your court date.

What’s really at stake

Conviction vs. dismissal

A class 3 misdemeanor is Arizona’s lowest misdemeanor class. The law still allows up to 30 days in jail (A.R.S. §13-707) and a fine of up to $500 (A.R.S. §13-802). The judge decides each case. A conviction also goes on your criminal record.

If you are convicted

Your record

Criminal record
Class 3 misdemeanor
Driving record
Conviction
Insurers see
39 months
Points
Not listed by name

If the judge allows the class, and you finish it

Your record

Criminal record
Nothing — charge dismissed
Driving record
Nothing, non-CDL
Insurers see
Nothing
Points
None
What a criminal speeding conviction leaves behind, and what a permitted class does not. The charge is dismissed only if the presiding judge allows the class. You must also finish it at least 7 days before your court date. That permission is the judge's call. No school can grant it. The driving-record line is for non-CDL drivers. A.R.S. §28-701.02 verified

On points: Arizona’s official table doesn’t list criminal speeding by name. Regular speeding is 3 points. The catch-all for other moving violations is 2. Our points guide has the full list. Either way, dismissal means zero points.

Criminal speeding, answered

Criminal speeding FAQ

What counts as criminal speeding in Arizona?

Arizona law (ARS 28-701.02) makes three speeds a crime instead of a civil ticket. More than 35 mph near a school crossing. More than 20 mph over the limit in a business or residential area, or over 45 mph where no limit is posted. And more than 20 mph over the limit anywhere else. Officers may write "excessive speeding" or "criminal speeding." It's the same law either way.

Is criminal speeding a misdemeanor?

Yes. It's a class 3 misdemeanor, Arizona's lowest misdemeanor class. But it's still a crime. It goes to criminal court, and a conviction goes on your criminal record. The stakes are higher than a civil ticket, and the rules for clearing it are different.

Can a defensive driving course dismiss criminal speeding?

Sometimes. It's the only criminal violation in Arizona that ever can be. For civil violations, the court must allow the class when you choose it. For criminal speeding, the law says the court "may allow" it. That means the presiding judge at your court has to give express permission. If the judge says yes and you finish the class, the charge is dismissed like any other. No conviction, and nothing on your driving record for non-CDL drivers.

How do I ask the court for permission?

Contact the court named on your citation before the appearance date printed on it. Ask if defensive driving diversion is available for your criminal speeding charge. It's the judge's call, and each court handles it a little differently. Don't sign up for a class first. Enrolling can't create permission, and every school must check your citation against the statewide database before you can attend.

What happens if the judge says no?

Then the case moves ahead like any misdemeanor. Show up as directed, and consider talking to an Arizona traffic attorney. For a criminal charge, that advice is worth more than any course. Keep your court date even if the answer was no. Missing it creates a bigger problem than the speed did.

How many points is criminal speeding?

Arizona's official point table doesn't list criminal speeding by name. Regular speeding is 3 points, and other moving violations are 2. No official source ties the criminal statute to either number. Points are the smaller worry, though. A conviction goes on your criminal record, and any conviction on your driving record in the past 39 months is shared with your insurer. If the judge allows diversion, you avoid all of it.

Do the normal diversion rules still apply?

All of them. Once every 12 months, measured violation date to violation date. One violation per class. Finish at least 7 days before your court date. And it's court or class — never both. The judge's permission opens the door. It doesn't change the rules.

What about reckless driving, aggressive driving, or racing?

There's no diversion path for any of them. All three are criminal violations that Arizona's program excludes, with no exception. Criminal speeding is the single carve-out. If you're facing one of those charges, an attorney is the right call, not a course.

Is my ticket criminal or civil? How do I tell?

Check the citation itself. Arizona's form has a checkbox marking each violation civil or criminal. Criminal speeding lists ARS 28-701.02. Civil speeding lists 28-701. Still not sure? Email support@highwaytrafficschool.com and a real person will go over your citation with you before you pay anything. Or text or call 1-888-406-1726, Mon–Sat, 7am–7pm PT.

Not sure? We’ll read your citation and tell you where you stand. Email support@highwaytrafficschool.com or text or call 1-888-406-1726, Mon–Sat, 7am–7pm PT.

Court said yes? The rest takes 4 hours.

Same state-certified class. Same $39.95 flat price. And if your ticket turns out to be civil speeding, you don’t need anyone’s permission — you can start right now.

Register Now — $39.95 →
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