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Traffic Attorney in Phoenix

Discussion in 'Arizona & New Mexico' started by agup48, Dec 4, 2017.

  1. agup48

    agup48 Two Time F1 World Champ
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    Apr 15, 2006
    26,217
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    AG
    Looking for a traffic attorney that deals with speeding cases, was stopped by Salt River.

    Thanks in advance!
     
  2. Dicecal

    Dicecal Formula Junior
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    Nov 15, 2015
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    Rob
    More revenue for the reservation (casinos) getting out of control around phx.
     
  3. arizonaitalian

    arizonaitalian F1 Veteran
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    Oct 29, 2010
    9,440
    Wyoming
    Bummer...can we ask what the ticket said?

    BTW - is that my CS in your avatar pic?

    Hope you have been well!
     
  4. agup48

    agup48 Two Time F1 World Champ
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    Apr 15, 2006
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    I wasn't paying attention to my speed. Criminal speed, over 85.

    Yeah, It is your CS from that one day years ago!

    Have been well aside from this ticket :(
     
  5. AZ-Giallo

    AZ-Giallo Formula Junior
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    Mar 17, 2012
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    Scottsdale, AZ
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    David
    You criminal! keep us updated. interested to know how the process with salt river works.
     
  6. stardoc

    stardoc Formula Junior

    May 5, 2005
    585
    The big oven
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    K RA
    Man, those Salt River Police have no mercy. I've have friends file complaints with their super visors for the way they've been treated.
     
  7. AndrewG2

    AndrewG2 Karting

    Feb 22, 2013
    115
    Las Vegas NV
    I got dinged for the same thing (95 on the 95). I used Tyler Allen Law Firm. I think it was $1000 or $1500. I didn't have to appear in court and ended up paying a $400 fine. I had a clean driving record. They seemed competent and got it done for me. The cop was the biggest ****** I had ever dealt with. I can't believe any speed over 85 in Arizona is "criminal speed".
     
  8. copterjon

    copterjon Formula 3
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    Nov 11, 2005
    1,418
    Mesa, Az.
    Your mistake wasn't the speeding, it was stopping. I've calmly driven back to the "white side" with them in slow pursuit. Once there They shut off their lights and its over. Local LEO can't go on their sh#t land and they can't follow up on ours. That's been my experience so far. Not sure I'd want to push it to far with a pursuit because then you have bigger problems but if you're close to the boarder line just drive. Gonna be an expensive lesson Ash, sorry to hear about this. Cheers!
     
  9. Enzojr

    Enzojr F1 World Champ
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    Dec 12, 2013
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    Tomy
    Wow sorry to hear that :(
    So what’s the deal with Salt River ?
    I know over 100 mph in my state is a reckless driving charge, hand cuffs and a felony arrest.
    They also tow your car.
    Be careful out there.
     
  10. Lotaz

    Lotaz Formula 3

    Nov 18, 2016
    1,530
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    Scott
    I sure wouldn't test that. I know that used to be the case but I don't believe you can pull that any more.
     
  11. agup48

    agup48 Two Time F1 World Champ
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    Apr 15, 2006
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    Hired a lawyer, former prosecutor for Maricopa County. They've taken care of everything for me thus far.

    Nothing wrong with the officer, he was pissed and rightly so. He had every right to pull my dumbass over even though I do not believe I hit the speed he "clocked" me at.
     
  12. arizonaitalian

    arizonaitalian F1 Veteran
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    Oct 29, 2010
    9,440
    Wyoming
    #12 arizonaitalian, Jan 28, 2018
    Last edited: Jan 28, 2018
    Let us know how this turns out. "Criminal speed" is over 85? Yikes.

    Edit: Double yikes! Some quick info.

    http://www.theheathlawfirm.com/how-to-beat-criminal-speeding-in-arizona-a-r-s-§28-701-02/

    There are three ways to be charged with criminal speeding in Arizona. Pursuant to A.R.S. §28-701.02, they are:
    1. Driving over 35mph in a school zone;
    2. Driving over 20mph above the posted speed limit. (If no speed limit is posted, i.e. rural areas, anything over 45mph will qualify); and
    3. Driving over 85mph on the highways and freeways.
    Criminal speeding is a class 3 misdemeanor. The most common penalty is usually a fine and a conviction on your record. The real issue is the conviction. While fines are painful, they’re momentary. But a conviction on your record lasts forever. For some reason, the Arizona legislature made it impossible to set aside a criminal speeding violation. Once convicted, you can’t get it off your record, ever. That’s harsh. A criminal conviction is public and can have employment, financial and other unintended but harsh consequences.

    One of the biggest defenses in Arizona is that the legislature granted the court authority to allow someone to attend defensive driving school for criminal speeding under A.R.S. §28-3392(A)(2). If you haven’t been to DDS within the last year, this is a great option. DDS will dismiss the ticket off your record. The only issue is that unlike DDS for civil tickets, it’s entirely discretionary. You must convince the judge or prosecutor to grant this mercy. There are certain risks in doing that, but it beats a conviction.

    I THINK I'M JUST GOING TO UBER EVERYWHERE FROM NOW ON!

    Edit #2: this is great site:

    https://www.trafficlawguys.com/criminal-speed-arizona/

     
  13. arizonaitalian

    arizonaitalian F1 Veteran
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    Oct 29, 2010
    9,440
    Wyoming
    Just posting more info here in case folks ever need it. From the "traffic law guys" link I posted above (emphasis mine):

    Can you set aside a criminal speed conviction?

    The answer to “can you set aside a criminal speed conviction” is, in typical lawyer fashion, “it depends.” The setting aside of criminal convictions is governed by Arizona statute, in particular A.R.S. § 13-907. We encourage you to read the statute yourself, but a careful reading of the statute indicates that criminal speed, or excessive speeding, is a violation that technically may not be set aside. A.R.S. § 13-907 does not apply to almost all violations listed in Title 28, chapter 3, of the Arizona Revised Statutes. Chapter 3 of Title 28 contains many moving violations, including criminal speed, but also racing, reckless driving, aggressive driving, and a variety of accident-related criminal violations. Technically speaking, convictions for any of those violations, may not be set aside. Reckless driving is the lone exception.

    Nevertheless, and while we do not know the reason for sure, we have found that more often than not, courts will set aside a criminal speed conviction. What we do know for sure is if you have been convicted of a criminal speed violation, or another criminal traffic violation, you have nothing to lose by requesting that the court set aside the conviction. The worst the court can say is “no”. Even if your initial request is denied, wait a few months and resubmit the request. We have found that the more time that has passed since the conviction, the more likely it is the court will set aside the conviction. We can help you make this request to the court, or you can also make this request on your own.
    Please keep in mind that even if the court sets aside your conviction, it will not remove the violation from your MVD record or otherwise undo any action the MVD may have taken against you.
     
  14. agup48

    agup48 Two Time F1 World Champ
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    Apr 15, 2006
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    Update: My lawyer got it dropped to Defensive Driving.

    He had to go back and forth to get it dropped down to that and my driving record being clean prior to this and my work history - "being productive to society", helped.

    I highly recommend Pinnacle Law, they are a small team of three people. One lawyer and two assistants and they communicate very openly, make zero promises, and are very knowledgeable.
     
  15. arizonaitalian

    arizonaitalian F1 Veteran
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    Oct 29, 2010
    9,440
    Wyoming
    What does that mean? No charge/conviction at all and merely attend Defensive Driving course and pay some money?

    If so, then "awesome"!
     
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  16. agup48

    agup48 Two Time F1 World Champ
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    That is correct. After I attend the Defensive Driving and submit proof to my lawyers and the court, everything gets dismissed...no points, nothing on my record, and no insurance rate hike.
     
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  17. agup48

    agup48 Two Time F1 World Champ
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    Apr 15, 2006
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    Since I didn't mention it, I was clocked at 102MPH, but I'm positive I did not break 95MPH, he was behind me (friend was also behind me and we never saw him, so we assume he was on the on-ramp as we passed, but he was a good ways back) and clocked me on radar. Other cars were going about 75-85MPH. I had even asked for radar and he never provided a reading.

    Side Note: I don't run radar especially with cops running laser more often and the instant read on your speed. I'd rather run jammers if anything, but I travel less than 10 miles a day to and from work and try to keep it civil. ;)

    All in all, get representation if you're ever in a situation like this, hopefully, you're not.
     
  18. AZ308GTS

    AZ308GTS Karting

    Apr 16, 2006
    178
    Phoenix,AZ
    So I guess 155 is right out.
     
  19. Glad to hear that it was taken care of okay for you. That place is a mess to deal with from what my friends have told me. Not as bad as VA though. I heard that VA recently removed the death penalty as an optional penalty for speeding but I may be wrong. ;)
     
  20. socialpro1

    socialpro1 Rookie
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    Dec 6, 2017
    29
    Scottsdale, AZ
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    Alex
    Happy everything ended up well.

    Living in AZ - i did not realize how serious 'criminal speeding' is, or the conviction that comes with it. Thanks for the additional heads up!!
     

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