How to reduce Speeding ticket A.R.S 28-701.02.A3 - to civil offense ?

Bankruptcy and Debt 6 views 4 answers
I got a speeding ticket of driving 92 when limit was 65. It is cited as A.R.S. 28-701 (Class 3). Ticket location: Highway US 89 - county Coconino. I have set up a pre trial tele conference. My questions are 1. What options will prosecutor suggest ? 2. How do I lower my charge from criminal to civil ? 3. I have not requested for any discovery yet. Can I do it in pre trial step ? Your answers will help me a lot. Thanks

Attorney Answers

4
Matthew Lopez ·
Reducing a criminal speeding charge to a civil fine is a complicated matter. While it appears you are trying to fight the charge yourself, I caution you to do so. An experienced lawyer will have a better sense of what the prosecutor is looking for to reduce the charge. Criminal Speeding is a class 3 misdemeanor, which could result in up to 30 days in jail, fine and probation. It is worthwhile to hire an attorney to help fight your charges. Good luck. Matthew L. Lopez, Esq. MatthewLopez Law (P) 602.980.1987 (F) 480.287.8887 www.MatthewLopezLaw.com 7551 S. Willow Dr., Ste. 102 Tempe, AZ 85283
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Daniel J DeRienzoCriminal Defense AttorneyPrescott Valley, AZ ·
The best way is to retain an attorney. Often no prosecutor is assigned to a traffic case unless the defendant hires counsel. Once a prosecutor is assigned, plea negotiations can take place, which often does not occur when a driver represents himself.
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Brian G Di PietroCriminal Defense AttorneyPhoenix, AZ ·
Besides being a criminal offense, this also carries with it three points on your driving record. Most prosecutors do not negotiate with unrepresented defendants, and the skill to convince a prosecutor to reduce a charge is acquired with years of experience. you are certainly entitled to receive discovery and it may be available to you at the pretrial conference.
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Ryan John StevensCriminal Defense AttorneyFlagstaff, AZ ·
I defend many criminal speeding ("excessive speeding") cases in Flagstaff. The other attorneys that have answered your question are correct - it is very hard for an unrepresented person to negotiate with the Flagstaff prosecutors. I am well aware of the prosecutor's office's guidelines on these cases - at your PTC, if you represent yourself, they are very likely going to offer you a plea to criminal speeding, class 3 misdemeanor. It is not likely they will offer to drop yours to a civil speeding ticket at your PTC.
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