Is there Deferred Adjudication in Arizona? (Crazy Speeding Ticket)

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I just recieved a speeding ticket for running 62 in a posted 40mph main road. Evidently, any speed 21mph over the posted limit is criminal speed and i could have been arrested. However the officer chose not to, and just gave me a speeding ticked with a fine of $311. I am 16 years old, and have never recieved a ticket prior to this. If the court will allow me to take driving school, will there be any points on my license and will it be on my record? I believe it will not, but what i am worried about is how i was going criminal speeds, and that i might not get the chance to take driving, school. I do not want my insurance to go up, especially since i am only sixteen and it will take years for it to decrease.

Attorney Answer

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Ryan John StevensCriminal Defense AttorneyFlagstaff, AZ ·
Under Arizona law, exceeding the posted speed limit in a business or residential district by more than 20mph is a class 3 misdemeanor. However, it sounds like the officer did not issue a criminal speeding complaint against you. What is the code section that the ticket alleges you violated? The criminal one is 28-701.02(A)(2). If he gave you a civil speeding ticket, then you don't need to worry about the "criminal" part appearing on your record. But make sure that's what he really did. Even if you are charged with criminal speed, you should get a shot at a civil speeding violation if you do driver's school. You may have a shot at getting driver's school diversion (deferred adjudication) because this is your very first ticket. It is up to the Court if that will acceptable. I have seen a criminal speeding case get dismissed after driving school, but that was not in Glendale. They very well could come down hard on you and make you pay the full fine, plus any court costs if you challenge it. It is really up to the Court. For your best shot at getting a reduced plea or a driving school diversion, you should ask an attorney for a free consultation. Good luck! Ryan Stevens
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