Speeding

For most people, the occasional speeding ticket is a minor concern. However, if you have a checkered driving history or your employer requires you to maintain a clean driving record, a speeding ticket can literally change your life. At the same time, it’s a common misconception that you can’t fight a speeding ticket. In fact, you can—and probably should in many cases.

At the Law Office of James E. Novak, our Phoenix speeding ticket attorney has more than 25 years of experience contesting traffic violations on behalf of our clients. We take great pride in protecting our clients' driving records and livelihoods. Regardless of the reason you want to challenge your Phoenix speeding ticket, the Law Office of James E. Novak is here to help.

All drivers understand that they are only allowed to drive as fast as the posted speed limit. However, the nuances of Arizona’s speeding laws are not widely known.

Arizona Revised Statutes § 28-701 is the law that deals with speed regulation and defines the circumstances under which a driver can be cited for speeding. This statute outlines the basic speed rule, which essentially states that a motor vehicle must not travel at a speed greater than is reasonable and prudent under the circumstances.

Here’s what you need to know about Arizona’s speeding law:

• Reasonable and Prudent Speed: The law requires that drivers must not travel at a speed that is greater than what is reasonable and prudent under the conditions. This means considering factors like weather, road conditions, traffic, and the presence of pedestrians.
• Maximum Speed Limits: While the statute sets the foundation for reasonable speed, other sections (like ARS 28-701.02) might specify exact speed limits for different types of roads and areas, such as residential areas, school zones, and highways.
• Violation and Penalties: If you exceed a reasonable or prudent speed for the conditions, you can be cited for a speeding violation. The penalties can include fines, points on your driver's license, and a likely increase in your auto insurance premiums. In some cases, more severe consequences such as a driver's license suspension or even criminal charges could apply, especially if the speeding leads to an accident or is considered reckless driving or aggressive driving.
• Evidence in Court: In court, the prosecution must prove that that you were traveling at a speed greater than was reasonable and prudent under the conditions. This can be established through various means, including police officer testimony, speed measurement devices, traffic cameras, and sometimes even witness statements.
• Possible Defenses: Just because you’ve been cited for speeding in excess of what is reasonable and prudent doesn’t mean you need to pay the citation. You can defend against a violation by arguing that their speed was reasonable and prudent, given the circumstances. This might involve presenting evidence about the road conditions, traffic flow, or other factors that would justify the speed at which you were traveling. You can also challenge the method that the officer used to calculate your speed or the testimony of any witnesses who claimed you were driving at an unsafe speed.

If you were recently issued a citation for speeding, make sure you review all your options before deciding to pay the ticket. At the Law Office of James E. Novak, we have helped countless drivers avoid fines, license suspensions, and driver’s license points. We’ve been handling speeding tickets in Maricopa County for more than two decades, and we know the best defenses to a speeding ticket and how to situate your case for a successful outcome. We also handle reckless driving, driving on a suspended license, and DUI cases. To learn more and to schedule a free consultation with our Phoenix traffic violations lawyer today, call 480-413-1499. You can also reach us through our secure online contact form.