JURISDICTION: ARIZONA

This chapter summarizes Arizona State statutes related to speed.

General References: Arizona Revised Statutes Annotated and Arizona Administrative Code (AAC)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable and prudent speed under the conditions and actual and potential hazards then existing. §28-701(A)

Statutory Speed Limit: I. 15 MPH approaching a school crossing⁽¹⁾ §28-701(B)(1)

II. 25 MPH in business or residential district¹ §28-701(B)(2)

III. 65/55 MPH⁽²⁾ in other locations¹ §§28-701(B)(3) and 28-702.01(A) & (B)

VI. 65 MPH on interstate highways outside of urban areas with a population 50,000 §28-702.04(A)

V. 75 MPH on particular highways⁽³⁾ §28-702.01(C)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Director of the State Department of Transportation alter the above maximum speed limits on the State highway system.⁽⁴⁾ §28-702

II. Based on engineering and traffic investigations, local governments may increase (but not >65 MPH) or decrease the speed limits on highways under their jurisdiction. §28-703

Minimum Speed Limit: I. A person shall not drive a motor vehicle at a speed which is less than that which is reasonable and prudent under the existing circumstances. §28-701(E)

II. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §28-704

Posted (Minimum) Speed Limit:

Other:

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: A Violation of the Speed Laws is a Civil (Non Criminal) Traffic Infraction §§28-181(B) & 28-1031(A)

Adjudication of Speed Law Violations:

(continued)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): N/A

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $250⁽⁵⁾ §28-1076(E)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: I. The licensing agency may require an offender to attend a defensive driving (traffic) school. §28-446(B) & AAC R17-4-506 (via the point system)

II. The court may allow a violator to attend defensive driving school. The civil charges shall be dismissed if the offender successfully completes the course. However, a person can only attend this course once in any 24 month period. §28-492

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Licensing action is via a point system.⁽⁶⁾

Special Note: On highways with posted maximum speed limits of 55 MPH, a person, who is charged with a speeding offense where the speed was >55 MPH but 65 MPH, is not subject to licensing action based on such a violation. §28-702.01(G)

Term of License Withdrawal

(Days, Months, Years, etc.):

Mandatory Minimum Term of

Withdrawal:

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Class 2 Misdemeanor §28-708(A) & (B)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st or subsequent offenses-Not more than 4 months §13-707(A)(2)

Mandatory Minimum Term: 1st offense-None 2nd or subsequent offense (within 24 months)-10 days⁽⁷⁾ §28-708(B)

Fine ($ Range): 1st or subsequent offenses-Not more than $750 §13-802(B)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: 1st offense-Suspension 2nd or subsequent offense (within 24 months)-Revocation §28-708(D)

Length of Term of

Licensing Withdrawal: 1st offense-Not more than 90 days 2nd or subsequent offense (within 24 months)-Not more than 1 year §§28-448(A) & 28-708(D)

Mandatory Action--Minimum

Length of License

Withdrawal: 1st offense-None 2nd or subsequent offense (within 24 months)-Mandatory Revocation However, the law does not provide for a specific revocation period. §§28-448(A) & 28-708(D)

Other: The licensing agency may require an offender to attend a defensive driving (traffic) school. §28-446(B) & AAC R17-4-506 (via the point system⁶)

Reckless Driving: Class 1 or Class 2 Misdemeanor §28-693(A) & (B)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Class 2 Misdemeanor-Not more than 4 months 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-Not more than 6 months §13-707(A)(1) & (2)

Mandatory Minimum Term

of Imprisonment: 1st offense-Class 2 Misdemeanor-None 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-20 days⁷ §28-693(C)

Fine ($ Range): 1st offense-Class 2 Misdemeanor-Not more than $750 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-Not more than $2,500 §13-802(A) & (B)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st offense-Suspension 2nd or subsequent offense (within 24 months)-Revocation §§28-693(B) & (C) and 28-446(A)(4)

Length of Term of License

Withdrawal Action: 1st offense-Not more than 90 days 2nd or subsequent offense (within 24 months)-Not more than 1 year §§28-693(B) & 28-448(A)

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Mandatory Term of License

Withdrawal Action: 1st offense-None 2nd or subsequent offense (within 24 months)-Mandatory Revocation However, the law does not provide for a specific revocation period. §§28-448(A) & 28-693(C)

Other: The licensing agency may require an offender to attend a defensive driving (traffic) school. §28-446(B) & AAC R17-4-506 (via the point system⁶)

Excessive Speed: Class 3 Misdemeanor⁽⁸⁾ §28-701.02

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days §13-707(A)(3)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $500 §13-802(C)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Licensing action is via a point system.⁶

Length of Term of License

Withdrawal Action:

Mandatory Term of License

Withdrawal Action:

Other: I. The licensing agency may require an offender to attend a defensive driving (traffic) school. §28-446(B) & AAC R17-4-506 (via the point system⁶)

II. The court may allow a violator to attend defensive driving school. The criminal charges shall be dismissed if the offender successfully completes the course. However, a person can only attend this course once in any 24 month period. §28-492

Commercial Motor Vehicle (CMV) Operators⁽⁹⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽¹⁰⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §28-455(F) & (G)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 consecutive days 3 serious violations (within 3 years)-Not less than 120 consecutive days §28-455(F) & (G)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 consecutive days 3 serious violations (within 3 years)-120 consecutive days §28-455(F) & (G)

1. ¹Exceeding this speed limit "is prima facie evidence that the speed is too great and therefor unreasonable." §28-701(B)

2. ²Under §28-701(B)(3), the maximum speed limit on other highways is 65 MPH. However, §28-702.01 appears to limit this maximum speed limit to 55 MPH, except on certain interstate highways.

3. ³The director of the highway department may increase the speed maximum limit to 75 MPH on any highway provided the governor has declared that such action would not result in the loss of Federal highway funds. §28-702.01(C)

4. ⁴This includes the establishment of different highway speed limits either (1) for different types of vehicles (e.g., persons, who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §28-702

5. ⁵On highways with a posted maximum speed limit of 55 MPH, a person, who exceeds this limit but whose speed was 65 MPH, is subject to a fine of not more than $15. Note: This offense is "designated as the waste of finite resource currently in short supply and is considered a civil traffic violation." §28-702.01(D), (E) & (G)

6. ⁶Point System. A person, who accumulates 8 points within 12 months, either (1) may have their license suspended for not more than 1 year or (2) may be required to attend a traffic education and training course. The following points are assessed for speeding and speed related violations: (1) For a violation of any provision of §28-701-2 points; (2) for either reckless driving or racing on the highways-8 points; and, (3) for any other violation-2 points. AAC R17-4-506 (promulgated via §§28-101 and 28-202 et seq.) & §28-448(A)

7. ⁷An offender may be allowed to leave the incarceration facility for either employment or educational purposes. §§28-693(D) & 28-708(C)

8. ⁸Excessive speed is defined as either (1) 35 MPH approaching a school crossing, (2) 20 MPH above a posted speed limit in either a business or residential district or (3) 80 MPH in other locations. §28-701.02

9. ⁹A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is a school bus, bus, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §28-402(4)

10. ¹⁰A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH, reckless driving or racing on the highway. §28-455(K)