Arizona Traffic Violations

Speeding Violations

Civil speeding happens when a driver does not adhere to the reasonable and prudent speed standards specified in Arizona Revised Statutes (ARS) 28-701. In Arizona, speeding violations are generally categorized into three main types:

Absolute Speeding

This occurs when a driver exceeds the posted speed limit. For instance, driving at 56 miles per hour (mph) in a 55 mph zone constitutes a violation.

Presumed Speeding

This involves driving at a speed deemed unsafe for the given conditions, even if it is below the posted speed limit. Factors such as weather, traffic, and road conditions are taken into account.

Basic Speed Law

This refers to driving at a speed that is deemed reasonable and prudent based on the circumstances. A driver can be cited for driving too fast for the conditions, even if they are within the posted speed limit.

Criminal Speeding

Beyond typical speeding offenses, there is a more severe charge known as "criminal speeding." This charge applies if a driver significantly exceeds the posted speed limit in one of the following ways:

• Driving faster than 35 mph in a school zone
• Driving faster than the posted speed limit by more than 20 mph in a business or residential area
• Driving over 45 mph in the absence of a posted limit
• Driving at 85 mph or higher, regardless of the posted speed limit

Criminal speeding is classified as a Class 3 misdemeanor in Arizona, as stated in ARS 28-701.02. The penalties can be substantial:

• Fines reaching up to $500
• Possible jail time of up to 30 days
• Addition of 3 points to the driver's record
• Lasting criminal record

Suspended License Violations

In accordance with ARS 28-3473, driving with a suspended or revoked license is a serious offense. This occurs when a driver operates a vehicle despite the state suspending or revoking their license. Common reasons for such suspensions include accumulating excessive points on the driving record, failing to pay fines, or being involved in a DUI.

Penalties for this violation can be severe and may include substantial fines of up to $2,500, imprisonment, and an extension of the suspension period. ADOT may impose these actions for various infractions, such as refusing to submit to a chemical test, causing a significant accident, or other serious driving offenses.

Driving Under the Influence (DUI)

Drivers in the state cannot operate a vehicle if they are under the influence of alcohol or drugs. The ARS 28-1381 governs the laws about DUI in Arizona.

If a driver is stopped and found with an alcohol concentration of 0.08 percent or higher (0.04 percent for commercial drivers), or if test results are unavailable, their driving privileges will be immediately suspended. To regain their driving rights, the driver must complete an alcohol or drug screening and may apply for a restricted permit afterward.

A driver can still be charged with DUI even if their blood alcohol level is below 0.08 percent. For those under 21, any detectable alcohol can lead to a license suspension.

Refusing to take or failing sobriety tests during a DUI arrest results in an automatic 12-month suspension of driving privileges. A second refusal within 84 months leads to a 24-month suspension. Completing alcohol or drug screening is required to obtain a restricted permit or reinstate driving privileges.

For second or third DUI offenses, drivers face automatic revocation of their driving privileges in addition to any criminal penalties imposed by the court.

There are other DUI categories beyond the standard offense in the state:

Extreme DUI

Extreme DUI in Arizona is characterized by operating a vehicle with a blood alcohol concentration (BAC) of 0.15 percent or higher.

For a first offense, the convicted faces a mandatory minimum of 30 consecutive days in jail with no option for probation or a suspended sentence.

The penalties also include a fine of at least $2,500, mandatory alcohol screening, education, and treatment, as well as community service. Furthermore, the offender must install a certified ignition interlock device on any vehicle they drive.

Repeated offenses result in even more severe consequences.

A second or subsequent conviction within a specified timeframe results in a minimum of 120 days in jail, a fine of at least $3,250, and a 12-month license revocation. Offenders must also complete alcohol screening, education, and treatment programs, perform community service, and install an ignition interlock device on any vehicle they operate.

Aggravated DUI

Aggravated DUI occurs when someone drives with a suspended or revoked license due to a previous DUI, has a BAC of 0.08 percent or higher while transporting a child under 15 years old, or commits a third DUI offense within 84 months. It also applies to individuals who commit a DUI or refuse a blood alcohol content test while under the requirement of an ignition interlock device.

Classified as a felony, an aggravated DUI in Arizona carries heavy penalties. Offenders can face up to two years in prison, significant fines, and a one-year license revocation. Additionally, they must undergo mandatory alcohol screening, education, and treatment, equip any vehicle they drive with a certified ignition interlock device, and perform community service.

Vehicular Endangerment

Vehicular endangerment is defined by ARS 13-1201 as recklessly putting someone at serious risk of imminent death or injury while driving.

Vehicular endangerment often occurs alongside other traffic violations such as speeding, DUI, or severe accidents. To convict someone, the prosecution must demonstrate that the driver showed a gross disregard for safety. This can be proven through evidence such as a very high BAC or extreme speeding.

If the endangerment involved a significant risk of death, the charge is a Class 6 felony. For a first-time offender, this can mean up to two years in prison and possible license revocation. Repeat offenders face even harsher penalties, including longer prison terms.

If the court determines that a felony charge is too severe and the endangerment only poses a risk of injury, the charge might be reduced to a Class 1 misdemeanor. This could result in up to six months in jail and/or a fine of up to $2,500.

Reckless Driving

Arizona's laws define reckless driving as operating a vehicle with a blatant disregard for the safety of others or property. This includes:

• Excessive speeding
• Cutting off other drivers
• Weaving between lanes
• Running stop signs or lights
• Failing to yield at pedestrian crosswalks
• Tailgating
• Driving in the opposite lane of traffic or too fast for current conditions

Reckless driving is a Class 2 misdemeanor in the state. While similar, vehicular endangerment and reckless driving are distinct offenses.

A conviction can result in the surrender of the driver's license, a report to the ADOT, and a driving suspension of up to 90 days. If the driver has previous convictions for reckless driving or related offenses within the last 24 months, the charge may be elevated to a Class 1 misdemeanor.

Driving Without Insurance

State law requires drivers to carry liability insurance to cover potential damages or injuries resulting from an accident. The minimum required coverage includes $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to multiple people, and $15,000 for property damage.

Drivers must always carry proof of insurance and present it when requested by law enforcement. Arizona utilizes the Arizona Insurance Verification System (AZIVS) to ensure compliance with insurance laws.

In Arizona, driving without insurance carries significant penalties. If a driver is unable to provide proof of insurance when stopped by law enforcement, they will receive a traffic citation.

However, if they can prove they had valid insurance before their court date, the citation may be dismissed. Otherwise, drivers face three main penalties: a minimum fine of $500, suspension of driving privileges, and an SR-22 requirement for two years.

The severity of penalties increases with repeated offenses. First-time offenders face a $500 fine and a 3-month suspension of their license, registration, and plate. Second offenses incur a $750 fine and 6-month suspension, while third and subsequent offenses result in a $1,000 fine and 1-year suspension. The court may impose additional penalties for any offense.

Distracted Driving

The state enacted a ban on handheld cell phone use while driving in 2021, which it called Arizona's Hands-Off Law. This prohibits drivers from using handheld mobile devices to text, call, or watch videos. The law applies to all drivers, regardless of age or experience. However, hands-free devices that use voice commands or single-touch activation are permitted.

First-time offenders who use a handheld device while driving face fines ranging from $75 to $149. For repeat violations or if distracted driving leads to a collision, fines increase to between $150 and $250. These penalties are in addition to any other citations that may result from the incident.

Other Moving Violations

Moving violations in Arizona cover a range of infractions that occur while a vehicle is in motion and can impact road safety. The most common ones not covered earlier are the following:

• Running red lights and stop signs
• Failure to yield
• Improper lane changes
• Driving in the wrong lane
• Failure to obey traffic control devices

In 2005, Arizona enacted the Move Over Law, which requires drivers to either switch lanes or slow down when approaching stationary emergency vehicles with their lights flashing, such as police cars, fire trucks, and ambulances. Drivers who do not adhere to this law may face significant fines and penalties.

Pay the Fine

This option involves paying the fine indicated on the ticket, which can be done online, by mail, or in person at the court. Paying the fine acknowledges the violation and may result in points being added to the driver's record.

Contest the Ticket

Drivers who wish to dispute the ticket can request a hearing by entering a "not guilty" plea. This requires attending a court session where the driver can present evidence or arguments to challenge the ticket.

Request a Hearing To Explain Circumstances

If drivers do not wish to contest the ticket but want to explain the situation, they can request a hearing. The court may consider this explanation and potentially reduce the fine or penalties.

Appearing in Court

For those contesting a ticket or seeking a hearing, the process involves:

• Submitting a written request for a hearing, either in person or by mail
• Attending the scheduled court appearance to present evidence or testimony
• Awaiting the judge's decision

Contesting a ticket can result in various outcomes, such as having the ticket dismissed, seeing a reduction in the fine or charges, or having the original charges upheld.

Online Ticket Management

Many Arizona courts offer online services, allowing drivers to pay fines, request hearings, and submit documents or evidence. This can simplify the process for those who prefer not to appear in court in person.