A.R.S. 28-707
Charging speed violation; burden of proof; findings
A. In a charge of violating a speed restriction in this article, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.
B. The provision of this article declaring maximum speed limitations does not relieve the plaintiff in any civil action, other than a civil action to impose a civil penalty, from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
C. If a person is charged with a criminal offense, except for excessive speed under section 28-701.02, or cited for a civil traffic violation under this article and if the person is operating a commercial motor vehicle as defined in section 28-3001, the court, on conviction of the offense or on adjudication of the civil traffic complaint, shall make a finding based on either an admission or the evidence as to whether the speed that the vehicle was operated was fifteen miles per hour or more over the speed limit.
Comment: If someone was speeding, you still have to prove negligence in your accident case.
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A.R.S. 28-708
Racing on highways; classification; exception; definitions
A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.
B. A person who violates this section is guilty of a class 1 misdemeanor. If a person is convicted of a second or subsequent violation of this section within twenty-four months of a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.
C. A person who is convicted of a first violation of this section shall pay a fine of not less than two hundred fifty dollars and may be ordered by the court to perform community restitution.
D. A person who is convicted of a subsequent violation of this section shall pay a fine of not less than five hundred dollars and may be ordered by the court to perform community restitution.
E. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant's actual hours of employment or school.
F. If a person is convicted of violating this section, the judge may require the surrender to a police officer of any driver license of the person and immediately forward the abstract of conviction to the department. On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days. In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge. In the case of a second or subsequent conviction for an offense committed within a period of twenty-four months and on receipt of the abstract of conviction, the department shall revoke the driving privileges of the person.
G. The director may authorize in writing an organized and properly controlled event to utilize a highway or part of a highway even though it is prohibited by this section. The authorization shall specify the time of the event, the highway or part of a highway to be utilized and any special conditions the director may require for the particular event.
H. For the purposes of this section:
1. "Drag race" means either:
(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.
(b) The operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
2. "Racing" means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing.
Comment: Trying to do any form of road-racing on a regular highway, street, etc. in Arizona will get you in trouble for a misdemeanor. It will also likely increase your liability if someone is hurt.
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A.R.S. 28-709
Maximum speed limit for large vehicles and vehicles with trailers
A. Unless a lower maximum speed limit is posted or the department designates a greater maximum speed limit pursuant to subsection B of this section, a person shall not drive either of the following on a highway in this state at a speed that is greater than sixty-five miles per hour:
1. A motor vehicle or vehicle combination with a declared gross weight of more than twenty-six thousand pounds, excluding a motor vehicle designed for carrying sixteen or more passengers, including the driver. For the purposes of this paragraph, "declared gross weight" and "vehicle combination" have the same meaning prescribed in section 28-5431.
2. A vehicle that is drawing a pole trailer that weighs six thousand or more pounds.
B. If the department determines on the basis of an engineering and traffic investigation of a highway under its jurisdiction that the designation of a maximum speed limit for vehicles prescribed in subsection A of this section that is greater than sixty-five miles per hour would facilitate the safe and orderly movement of traffic, the department may designate such a maximum speed for travel of those vehicles and shall erect signs at reasonable intervals giving notice of the speed limitation.
Comment:If you're driving a large vehicle or have some heavy objects attached to your vehicle (trailer), you're not normally supposed to drive over 65 mph on an Arizona highway, unless there's a contrary indication.
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A.R.S. 28-710
State highway work zone safety; civil penalty; fund
A. In a state highway work zone as defined in section 28-652 that is designated as a state highway work zone by traffic control devices indicating the beginning and end of the state highway work zone and in which workers are not present, a person shall not drive a vehicle at a speed that is greater than the speed allowed by traffic control devices.
B. In a state highway work zone as defined in section 28-652 that is designated as a state highway work zone by traffic control devices indicating the beginning and end of the state highway work zone and in which workers are present, a person shall not drive a vehicle at a speed that is greater than the speed allowed by traffic control devices. If a person is found responsible for a civil traffic violation under this subsection, the person is subject to a civil penalty equal to the amount of the civil penalty for the same speeding violation committed in a state highway work zone in which workers are not present and shall pay an additional assessment equal to the amount of that civil penalty. The court shall collect the additional assessment at the same time the court collects the civil penalty. Partial payments of the total amount due pursuant to this subsection shall be divided according to the proportion that the civil penalty, the penalty assessments levied pursuant to sections 12-116.01 and 12-116.02 and the additional assessment imposed pursuant to this subsection represent of the total amount due. The court and the department shall treat failure to pay the additional assessment imposed pursuant to this subsection in the same manner as failure to pay a civil penalty, including taking action against the person's driver license or permit or privilege to drive pursuant to sections 28-1601, 28-3153 and 28-3305.
C. A state highway work zone safety fund is established consisting of monies deposited pursuant to subsection D, paragraph 1 of this section. The governor's office of highway safety shall administer the fund. The monies in the fund are continuously appropriated. Monies in the fund shall be used to establish and maintain a public education campaign for highway work zone safety.
D. If a person is found responsible for a violation of subsection B of this section in a justice court or superior court, the court shall transmit monies received to pay the additional assessment to the county treasurer. If a person is found responsible for a violation of subsection B of this section in a municipal court, the court shall transmit the monies received to pay the additional assessment to the city treasurer. Notwithstanding section 28-1554, the city or county treasurer shall transmit the monies received to pay the additional assessment to the state treasurer. The state treasurer shall deposit the monies received to pay the additional assessment as follows:
1. Fifty per cent in the state highway work zone safety fund established by this section.
2. Fifty per cent in the state highway fund established by section 28-6991.
Comment: This statute basically provides the rule about speeding in construction zones and higher penalties for doing so. Construction zones are usually marked and will indicate the speed limit in the area.
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