FAQs About Traffic Misdemeanors in Arizona

Getting a traffic ticket is one thing. Finding out the violation is actually a criminal offense can bring up a whole new set of questions.

Arizona has both civil and criminal traffic violations. Depending on the charge, a criminal traffic violation can mean going to court, facing misdemeanor penalties, and dealing with consequences beyond simply paying a ticket.

If you were cited for a criminal traffic violation in Arizona, here are answers to some of the questions you may be asking.

What Is a Traffic Misdemeanor in Arizona?

A traffic misdemeanor is a traffic-related offense that is treated as a criminal charge rather than a civil violation.

That distinction matters. A typical civil traffic ticket may result in a fine or other consequences, but a misdemeanor charge enters the criminal court system and can carry criminal penalties.

Arizona divides misdemeanors into three classes: Class 1, Class 2, and Class 3. The potential penalties depend on the specific offense, the circumstances of the case, and other factors.

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What Are the Different Classes of Misdemeanors in Arizona?

Arizona has three misdemeanor classifications: Class 1, Class 2, and Class 3. Class 1 is the most serious misdemeanor classification, while Class 3 carries the lowest general maximum penalties.

Under Arizona’s general misdemeanor sentencing law, the maximum jail terms are:

• Class 1 misdemeanor: Up to six months
• Class 2 misdemeanor: Up to four months
• Class 3 misdemeanor: Up to 30 days

The classification of a traffic misdemeanor depends on the specific offense. For example, reckless driving is generally a Class 2 misdemeanor for a first conviction, while excessive speed under A.R.S. § 28-701.02 is classified as a Class 3 misdemeanor.

For a closer look at what these penalties can mean for specific traffic offenses, read our guide to traffic charges that carry jail time in Arizona.

How Do I Know if My Traffic Ticket Is Criminal or Civil?

Start by looking closely at your citation and the statute listed on it. Your citation should provide information about the offense you are accused of and instructions for responding.

If you are unsure what the citation means, don’t assume it is a regular traffic ticket. Some driving behaviors that people may think of as traffic violations can actually result in criminal charges in Arizona.

An attorney can review the citation, identify the charge, and explain what the next steps may look like.

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What Are Examples of Traffic Misdemeanors in Arizona?

Arizona law makes certain traffic offenses misdemeanors. Two common examples are criminal speeding and reckless driving.

Under Arizona law, excessive speed under A.R.S. § 28-701.02 is classified as a Class 3 misdemeanor. Reckless driving under A.R.S. § 28-693 is generally a Class 2 misdemeanor for a first conviction.

Other driving behaviors can also cross the line from a traffic violation into a criminal charge. Learn more about traffic violations that can lead to criminal charges in Arizona.

Some criminal traffic charges can also carry potential jail time. For a closer look at specific offenses and their potential consequences, read our guide to traffic charges that carry jail time in Arizona.

What Happens After You Are Charged With a Traffic Misdemeanor in Arizona?

What happens next depends on the charge and the court handling your case.

Unlike a standard civil traffic ticket, you should not assume you can simply pay a fine online and move on. A criminal traffic case may involve a court appearance and other steps in the criminal court process.

Your citation or court documents should include information about when and where you need to respond. Read those instructions carefully and keep track of any deadlines or court dates.

If you don’t understand what you’re being asked to do, getting answers early can help you understand your options before your case moves forward.

Have questions about what happens next? Contact Us.

Can a Traffic Misdemeanor Go on Your Criminal Record in Arizona?

A traffic misdemeanor is a criminal offense, which makes it different from a civil traffic violation. If a person is convicted of a misdemeanor traffic offense, that conviction can become part of their criminal record.

It is also important to remember that being charged with an offense is not the same as being convicted. The outcome and potential impact will depend on the specific charge and how the case is resolved.

Because every case is different, reviewing the charge listed on your citation and understanding the court process can help you better understand what may apply to your situation.

Can a Traffic Misdemeanor Affect Your Driver’s License?

Some criminal traffic convictions can affect your driving privileges.

For example, Arizona’s reckless driving statute allows a judge to order a driver’s driving privileges suspended for up to 90 days following a conviction. Different offenses have different rules, so a license suspension should not be assumed for every misdemeanor traffic charge.

When reviewing a charge, it is important to consider both the criminal consequences and any potential impact on your ability to drive.

What Are the Penalties for a Traffic Misdemeanor in Arizona?

Penalties for an Arizona traffic misdemeanor depend on the specific charge, its misdemeanor classification, the circumstances of the case, and other applicable laws.

Potential consequences can extend beyond jail time and may include fines or impacts on your driving privileges, depending on the offense. The possible penalties are not the same for every criminal traffic charge.

If you’re concerned about whether your specific charge could result in jail time, read our guide to Arizona traffic charges that carry jail time for a closer look at specific offenses and their potential consequences.

Can a Traffic Misdemeanor Be Reduced or Dismissed?

The outcome of a criminal traffic case depends on the facts, the charge, the available evidence, and how the case moves through the court.

There is no guarantee that a charge can be reduced or dismissed. However, a criminal defense attorney can review the circumstances surrounding the citation, the evidence, and the available legal options.

Before accepting a charge or entering a plea, it can be helpful to understand the potential consequences and what options may be available in your case.

Want to understand your options before your court date?

Call our Flagstaff office at (928) 214-6339.

Do I Need a Lawyer for a Traffic Misdemeanor in Arizona?

You are not required to hire a private attorney simply because you received a criminal traffic citation. However, speaking with a criminal defense attorney can help you better understand the charge, the potential consequences, and the options available to you.

This may be especially helpful if you have questions about an upcoming court appearance, your driver’s license, your criminal record, or what the charge could mean for your specific situation.

What Should I Bring When Talking to an Attorney About a Traffic Charge?

You don’t need to have everything figured out before talking to an attorney. Having some basic information available can simply make it easier to discuss what happened and get answers to your questions.

If you have them, consider gathering:

• Your traffic citation
• Court notices or other paperwork you’ve received
• Your upcoming court date and deadlines
• Photos or videos related to the incident
• Relevant vehicle or insurance information
• Notes about what happened while the details are still fresh
• A list of questions you want answered

Don’t worry if you don’t have everything on this list. These are simply helpful pieces of information that can give an attorney a better understanding of your situation.

Have Questions About a Traffic Misdemeanor in Arizona?

Every traffic case is different, and it’s normal to have questions about what a citation means or what you’re supposed to do next.

Antol & Hutter, P.C. helps clients in Flagstaff and throughout Northern Arizona understand criminal charges and the legal process ahead. If you’d like to talk through your traffic charge and get a better understanding of your options, contact our team.

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