Table of Contents
—
This content is for informational purposes only and is not intended to provide legal advice.
A speeding stop can feel routine—until the officer tells you it’s being written as a criminal citation. In Arizona, certain speed thresholds aren’t treated like a standard civil ticket. They’re filed as a misdemeanor, which means a court date in criminal court, a possible conviction on your record, and penalties that go beyond points and insurance increases.
If you’ve received a criminal speeding ticket in Arizona, the big question is understandable: can you actually go to jail? The legal answer is yes—jail is allowed under Arizona’s sentencing rules for this offense—but what happens in your specific case depends on the facts, your history, and how the case is handled in court.
What Arizona Considers “Criminal Speeding”
Arizona’s criminal speeding statute (often called “excessive speeds”) defines specific situations where speed becomes a crime rather than a civil violation. The most common triggers include driving over 85 mph anywhere in the state or exceeding certain thresholds in business/residential areas and school zones as laid out in the statute.
This is why drivers are sometimes shocked: you can be on a wide-open freeway and still cross into misdemeanor territory simply by hitting a speed the law labels criminal—regardless of whether there’s a crash, weaving, or any other bad driving behavior.
The Charge Level Matters: It’s a Class 3 Misdemeanor
Under A.R.S. § 28-701.02, criminal speeding is classified as a Class 3 misdemeanor.
That classification is important because it determines the maximum penalties a judge is allowed to impose. It also signals to employers, insurers, and background check systems that this wasn’t “just a ticket”—it was a criminal case.
So, Can You Go to Jail? Yes—Up to 30 Days Is Legally Possible
Arizona’s misdemeanor sentencing statute allows up to 30 days in jail for a Class 3 misdemeanor.
That doesn’t mean every criminal speeding case results in jail. Many do not. But the court has the legal authority to impose jail time, which is what separates criminal speeding from a standard civil speeding citation.
Fines and Court Costs: The Total Can Be Higher Than You Expect
The maximum fine for a Class 3 misdemeanor is up to $500 under Arizona’s misdemeanor fine statute.
In real life, the total out-of-pocket cost can be higher because courts often add fees and surcharges on top of the base fine. Even when jail is unlikely, the financial impact can still be significant—especially once court costs are included.
Points, License Trouble, and the “Ripple Effects” Beyond Court
A criminal speeding conviction can also affect your driving record. Arizona’s MVD assesses points for moving violations and uses those points to decide when to require driver improvement measures.
Separately, accumulating enough points in a window of time can trigger mandatory steps like Traffic Survival School and may place your license at risk, depending on your overall record. The key takeaway: even if the criminal case feels “small,” the downstream effects can last longer than the court date.
Why Jail Becomes More Likely in Some Cases
Judges don’t decide punishment in a vacuum. Jail exposure becomes more realistic when any of the following are present:
- Extremely high speed (well beyond the threshold)
- A near-collision, crash, or evidence of danger to others
- Prior driving history that suggests a pattern
- Additional charges from the same stop (reckless driving, racing allegations, etc.)
- Missed court appearances or noncompliance with prior court orders
Even if the statute allows jail, a defense strategy often focuses on preventing the case from being framed as “dangerous conduct” and instead keeping it in the “isolated mistake” category—when the facts support that narrative.
What the Court Process Usually Looks Like
Because criminal speeding is a misdemeanor, it typically proceeds through criminal court steps such as:
- An arraignment (first appearance/plea)
- Pretrial conferences or hearings
- Evidence review (police report, any video, speed measurement method)
- Possible negotiations or motions
- Trial (if it doesn’t resolve earlier)
One crucial detail: Arizona law specifically says that if you’re charged under the criminal speeding statute, the state cannot simply swap it into a civil speeding complaint based on the same circumstances. This is one reason it’s risky to assume you can “just pay it and be done.”
Practical Steps to Take Immediately After a Criminal Speeding Citation
If your goal is to avoid jail and minimize long-term consequences, the early steps matter:
- Don’t miss court. A missed date can create a much bigger problem than the speeding allegation itself.
- Write down details now. Traffic flow, weather, signage, where the officer was positioned, and what was said can all matter later.
- Preserve anything helpful. Dash cam footage, GPS logs, or phone navigation history (without altering anything) can sometimes support a factual defense.
- Avoid admissions. Statements you make—online or to others—can complicate negotiations and trial strategy.
Jail Is Possible, But Outcomes Depend on the Case
In Arizona, you can be jailed for criminal speeding, as it is classified as a Class 3 misdemeanor. This charge can carry a penalty of up to 30 days in jail. However, the outcome in your specific case will depend on several factors, such as how fast you were allegedly driving, the circumstances surrounding the incident, your driving history, and how effectively your case is challenged or negotiated.
—
