Free Case Consultation (928) 753-6868

Legal News

Criminal Speeding Cases in Bullhead City Arizona

Posted by Shawn Hamp | Feb 16, 2016 | 0 Comments

4

Bullhead City Criminal Speeding

Bullhead City is a community that lacks any real freeways or bustling commuters but it still gets its fair share of motorist that commit speeding violations.

Most speed violations occur on the Bullhead City Parkway, or on Highway 95 (Mohave Valley Highway) just at the southern edge of the Bullhead City Limits.

Criminal speeding can be committed by driving over 35mph in a school zone or traveling over 85mph on any roadway in Arizona. The most common infraction in Bullhead City are drivers that exceed 20mph over the speed limit in a commercial or school zones.

 Drivers may also be cited for “Racing on the Highway” or an “unreasonable exhibition of speed” pursuant to A.R.S. 28-708 if they commit speeding infractions while racing with other drivers on the roadway.

The Bullhead City Police Department has made it a priority to enforce speed limit laws due to traffic safety concerns.  As a deterrence, Bullhead City prosecutors believe it is important to prosecute these cases aggressively and send a message to the community that this violations are serious.

Drivers that are cited for criminal speeding in the city limits will have their case adjudicated at the Bullhead City Municipal Court.

What is Criminal Speeding?

A.R.S. 28-701.02 defines the criteria for criminal speeding.

28-701.02. Excessive speeds; classification

A. A person shall not:

1. Exceed thirty-five miles per hour approaching a school crossing.

2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.

3. Exceed eighty-five miles per hour in other locations.

B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.

C. A person charged with a violation of this section may not be issued a civil complaint for a violation of section 28-701 if the civil complaint alleges a violation arising out of the same circumstances.

“Racing on Highway” is defined under A.R.S. 28-708.

A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.

“Exhibition of Speed” is the most common reason why some drivers get cited for this offense.  Even if a driver is not criminally speeding they may still be cited for this criminal offense if they accelerate unreasonably to race another motorist on the roadway.

What are the penalties for Criminal Speeding?

Criminal Speeding and Racing on the Highway have serious consequences.

Criminal Speeding

  • Class 3 Misdemeanor
  • Up to $500 Fine.
  • Up to 30 days in Jail.
  • 3 Points on Driver's License.
  • Mandatory reporting to MVD.

Racing on Highway has more serious consequences. (Exhibition of Speed)

  • Class 1 Misdemeanor (A class 6 Felony if 2nd offense within 2 years, ten days jail)
  • Up to $2500 Fine (mandatory minimum $250 fine)
  • Community Work Service
  • License Suspension
  • Up to 6 months in jail.

What are the Defenses to Criminal Speeding and Racing on Highway?

There are numerous defenses to Criminal Speeding:

  • Not a commercial or residential zone
  • Unreliable Speed Detection (visual speed estimation, speedometer, radar not in working condition or used unreliably)
  • Margin of Error in Speed Detection Equipment

In “Racing on Highway” cases it is critical to challenge the State's evidence and disprove that there was any intent to race another motorist on the roadway.

Defenses may be used at trial, but most often are raised during plea negotiations. To get criminal speeding cases dismissed or reduced to civil traffic infractions.

The lack of prior traffic infractions is often cited as a mitigating circumstance to negotiate a favorable plea agreement for a client.

Contact an Attorney

It is important that you consult with an attorney if you are ever charged with a criminal speeding or Racing on the Highway charge in Bullhead City.

You have a right to legal counsel to protect your rights.  A criminal defense attorney works to help get your charges dismissed or reduced to avoid any harsh criminal sentence.

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

If you have been arrested or charged with a crime you may be feeling frightened, anxious, and uncertain of what your future holds. The competent and experienced attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime. Contact our firm today to discuss your case in a free case consultation.

Menu