Common Misconceptions Regarding Traffic Offenses In Arizona

Interviewer: What are the top misconceptions that people have about traffic offenses, from the minor to the more serious ones?

Acacia Law Group Lawyer: I would say the biggest misconception, as I've already previously stated, is it's not a crime. Now, it is true many offences are civil in Arizona, where it's basically you go to have a hearing, or you could just pay the ticket and be done with it. But, if it is one of the criminal offences, such as going more than 85 miles an hour, or more than 20 miles over the speed limit, or aggressive driving, or reckless - one that may not be a crime in another state - a warrant will be issued. People sometimes think they can pay the ticket and be done with it, but then there's a warrant for their arrest. They may not even find out for a year or so, or their license is suspended and they're arrested in their home state.

If an Individual is Cited for a Non-Criminal Offense in Arizona, they Don’t get the Same Rights as a Criminal Defendant

Another misconception that can happen is that in Arizona - because what they've done is they've made it civil - they've reduced the standard of guilt if it's not a criminal, while if it's criminal speeding or aggressive driving, you maintain your rights to be a on a reasonable doubt in order to cede the ticket. If they cite you for something that's not a crime in Arizona, you don't get that same right. They only have to prove you guilty beyond 50%, or they say you're responsible if it's civil. That's different than some other states, like California, where you still maintain your reasonable doubt standard and your same rights. But, that's one misconception there.

It is Highly Inadvisable To Plead Guilty and Expect Mercy From the Court

Interviewer: What if I feel guilty or believe I'm guilty? Should I throw myself to the mercy of the court or fight the charges?

Acacia Law Group Lawyer: It really depends on the situation. Some people believe it's their civic duty to just admit to what they did, and pay the fine, and try to get leniency, and that sometimes can work if it's a minor offence where the judge can lower the fine or give you a deal just for that. But other times, For example, at criminal speeding, if you throw your mercy at the court and plead, the judge can lower the fine and give you maybe ... Instead of 500, lower it to 200, but you just plead to a class 3 misdemeanor, which is a crime. So, even though you choose throwing yourself at their mercy and say that you're sorry for it, you've pled your crime. The only way to get that reduced would be to, obviously, negotiate with a prosecutor to a lesser offence, or fight the charge, or get defensive driving, which a judge can do. That would be the one, but, again, you'd specifically have to ask for that.

The Penalties Associated with Fighting Traffic Offense Charges in Arizona

Interviewer: What are some of the penalties with that? Are penalties going to be the same whether you plead or fight?

Acacia Law Group Lawyer: It depends on the situation. Obviously when there's offer of plea, and you turn that plea and go to trial and lose, there's no obligation to give you that same plea. Here's an example: If they offer you civil speeding instead of the criminal speeding, and you turn that down and want to fight the criminal charge, and go to trial and lose, then, yes, it would get worse. You're not going to longer have a civil speed. However, many times, as long as you don't have a prior record, it's your first-time offence and you're legitimately contesting your rights, you should not be punished for defending your own constitutional rights to a trial, and in that regard it won't get worse, even if you lose a trial, as long as you don't have a record and argue for mitigating circumstances.

When Dealing with Serious Offenses Such as Felonies, there are More Serious Risks to Consider

But it could get worse. What the prosecutor, or what the court will do, is they'll throw the maximum at you. They'll say, "You give me guilty, you can get sentenced up to 6 months in prison, or a year in prison, and pay astronomical amounts of money." That is technically true, and they could give you that, but that's an absolute maximum. The reality is they're not going to do that; they're telling you that to scare you so you will plead guilty. But in my experience, at least at the traffic offenses when I've gone to trial, I've never got a worst result, providing the person didn't have priors or a bad record. It was either the same or better.  But it's like an expert traffic evaluation. When you're dealing with the more serious offenses and felonies, then there are some more serious risks to consider. But, generally, if you're defending your own rights, you're not going to be punished for it.