How A.R.S. § 28-644, § 28-701, and § 28-3306 divide a routine ticket from a criminal charge
By John Quigley · Updated July 7, 2026
Getting pulled over on the I-10 through downtown Phoenix, the I-17 up toward the 101, or a surface street in Mesa or Scottsdale feels the same in the moment — flashing lights, a citation, and a court date. But in Arizona, not all traffic tickets are created equal. The state runs two entirely separate tracks: civil traffic violations, which are the everyday tickets most drivers receive, and criminal traffic misdemeanors, which are prosecuted like any other crime and can put you in jail and leave a permanent record.
Understanding which track your citation falls on changes everything: the burden of proof against you, whether you can be jailed, how it affects your driver license, and whether you should treat it as a checkbook problem or hire a defense attorney. This guide walks through both systems from the Maricopa County perspective, the MVD point structure that quietly decides whether you keep driving, and the specific statutes that control each outcome.
Most moving violations in Arizona are civil. When you fail to obey a traffic control device under A.R.S. § 28-644 — running a red light, ignoring a stop sign, disregarding a lane-control signal — or drive faster than is reasonable and prudent under A.R.S. § 28-701, you have committed a civil traffic violation. There is no arrest, no jail, and no criminal record. The state only has to prove the violation by a preponderance of the evidence — meaning more likely than not — which is a far lower bar than a criminal case.
A criminal traffic offense is a different animal. Reckless driving, aggressive driving, criminal (excessive) speeding, racing, and driving on a suspended license are all misdemeanors. The prosecutor must prove the charge beyond a reasonable doubt, you are entitled to the protections of the criminal justice system, and a conviction produces a criminal record that can surface on background checks for years.
Civil violations are resolved in a municipal or justice court, and the immediate consequence is a monetary sanction. The base fine is set by the court, but Arizona adds state and county surcharges that roughly double the sticker price — a ticket with a $150 base fine commonly lands north of $250 once surcharges are applied.
The more lasting consequence is points on your driving record. The Arizona Department of Transportation Motor Vehicle Division (MVD) assigns points for each conviction or civil judgment, using the suspension authority granted by A.R.S. § 28-3306. Points are what connect an ordinary ticket to the real risk: losing your license.
| Violation | MVD points |
|---|---|
| DUI | 8 |
| Reckless or aggressive driving | 8 |
| Causing a death (moving violation) | 6 |
| Speeding | 3 |
| Most other moving violations (red light, unsafe lane change, etc.) | 2–4 |
Speed is the most common way a routine stop escalates. Ordinary speeding is civil under A.R.S. § 28-701, but A.R.S. § 28-701.02 makes speed a criminal (class 3) misdemeanor when you:
Other common criminal traffic charges in Maricopa County include reckless driving (A.R.S. § 28-693, a class 2 misdemeanor), aggressive driving (A.R.S. § 28-695), racing on a highway (A.R.S. § 28-708), and driving on a suspended or revoked license (A.R.S. § 28-3473). Each is prosecuted as a crime, and each carries jail exposure.
| Misdemeanor class | Maximum jail | Maximum fine (before surcharges) |
|---|---|---|
| Class 3 | 30 days | $500 |
| Class 2 | 4 months | $750 |
| Class 1 | 6 months | $2,500 |
These maximums do not include the surcharges, probation costs, and mandatory fees that get layered on, and a criminal conviction also carries the collateral damage of a record. A class 3 criminal speeding conviction, for instance, is not just a bigger fine — it is a misdemeanor on your history that an employer or landlord can see.
The MVD's power to suspend flows from A.R.S. § 28-3306, which lets the department act on excessive points, certain convictions, and failures to appear or pay. A suspension is not automatic paperwork you can ignore — driving during a suspension is itself the criminal offense described above under A.R.S. § 28-3473, which is how a single unpaid ticket can snowball into a misdemeanor arrest.
Arizona offers an off-ramp for many point-based problems: Traffic Survival School (TSS). Younger drivers and those who cross the point threshold may be required to complete TSS, and doing so can keep a suspension from taking effect. It is a state-approved course, separate from Defensive Driving School, and completing it is often the difference between keeping and losing your ability to commute across the Valley.
For eligible civil moving violations, Arizona lets you attend an approved Defensive Driving School once every 12 months to have the citation dismissed — which means no points and no conviction on your record (A.R.S. § 28-3392 and related provisions). It is one of the most valuable options a Phoenix driver has, but it comes with limits:
Where your case is heard depends on where the stop happened. A citation issued inside Phoenix, Mesa, Tempe, Scottsdale, or another incorporated city goes to that city's municipal court; a stop in an unincorporated area or on a state highway between cities goes to the local justice court. Civil cases are decided by a hearing officer or judge on the preponderance standard; criminal misdemeanor cases follow the full process — arraignment, pretrial conferences, and potentially a trial — often in the same courthouses that handle the county's other misdemeanor dockets.
You are not required to simply pay a civil ticket. Requesting a hearing forces the officer to appear and the state to prove the violation, and it preserves your ability to negotiate. On the criminal side, an experienced Arizona traffic violation attorney can challenge how speed was measured, whether the stop was lawful, and whether the facts actually meet the statutory definition of the crime charged — the kind of scrutiny that can turn a criminal speeding charge back into a civil one.
A first, isolated civil ticket is often something you can handle yourself, especially if Defensive Driving School is available. You should seriously consider counsel when: the citation is a criminal misdemeanor; you are near or over the 8-point suspension threshold; the ticket arose from a collision, particularly one with injuries; your job depends on a clean record or a commercial license; or the charge is driving on a suspended license. In those situations the downside is no longer a fine — it is your record and your license.
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