Sound Fishy

[Concerned friend]

Jurisdiction

Arizona

A friend was stopped by what she said wasn't a regular cop (she was pretty shook up and doesn't remember the event clearly)for going over a hundred with kids in the car. They told her it is child endangerment and that "if" charges are filed, she will receive notice in the mail. They didn't give her any paperwork or have her sign anything. They weren't clear if charges will be filed. Personally I think they were trying to scare her in hopes that she would realize how serious of a mistake it was. Any insight would be helpful.

 

[leslie82]

What is a "regular" cop? You don't give much for details on this. If she was going 100 mph with kids in the car, yeah that's child endangerment I would think.

The story your friend told you sounds fishy. I think your friend is leaving a lot of details out of the story. I think she got pulled over by a cop and probably was given at the very least a ticket. I can't see a cop giving a warning on this one.

 

[Cabletrash]

What is a "regular" cop? You don't give much for details on this. If she was going 100 mph with kids in the car, yeah that's child endangerment I would think.

The story your friend told you sounds fishy. I think your friend is leaving a lot of details out of the story. I think she got pulled over by a cop and probably was given at the very least a ticket. I can't see a cop giving a warning on this one.

She is normally a very honest person. I've known her for 27 years and she has no reason to lie to me. She was already very emotional before this incident due to circumstances I won't get into. She has never been in any trouble and I'm sure was scared to death. I believe that's why she isn't sure of what kind of officer it was. But I do realize that she could clearly be charged...and it would be justified. My real question is if they were going to charge her, would they have been required to inform her then and should she have received some kind of paperwork at the scene. It seems to me that maybe they didn't want to ruin someone's life over 1 stupid mistake. She wasn't speeding for the fun of it.

 

[army judge]

Arizona is the one state in the nation where "speed cameras" proliferate ALL the Interstates and highways.

The state of AZ is so nice the citation arrives smack dab in your mail box!!!!

In the state of Arizona, speeding citations are classified as being in one of two categories: civil speeding violations or criminal speeding.

Most cases of minor speeding are civil speeding violations.

However, criminal speeding tickets can be issued in these common cases:

When a driver exceeds 85 mph anywhere in the state
When a driver exceeds 35 mph while near a school crossing
When a driver exceeds a posted speed limit by 20 mph in a business or residential area
When a driver exceeds 45 mph when no speed is posted in a business or residential area

If you've been pulled over during any one or more of these situations, you could face criminal speeding charges that can affect your ability to drive, and if you have more than one criminal speeding charge, the penalties can be even greater.

Additionally, you can be charged with other offenses, like reckless driving, while also being charged with driving excessively over the speed limit.
Felony Speeding in Arizona

Excessive speeding in Arizona can be a class 3 misdemeanor, but criminal speeding alone is not a felony. If there are other offenses involve, like a DUI, then that may result in felony charges. But in the state of Arizona, there is technically no felony speeding.

Read A.R.S §28-701.02 to learn more about excessive speeding.
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You Got Caught Speeding Well Over The Limit. Now What?
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Traffic Ticket Fines & Penalties in Arizona | DMV.org

 

[army judge]

Then, there is THIS:
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What kind of punishment am I looking at? - Q&A - Avvo

 

[leslie82]

She is normally a very honest person. I've known her for 27 years and she has no reason to lie to me. She was already very emotional before this incident due to circumstances I won't get into. She has never been in any trouble and I'm sure was scared to death. I believe that's why she isn't sure of what kind of officer it was. But I do realize that she could clearly be charged...and it would be justified. My real question is if they were going to charge her, would they have been required to inform her then and should she have received some kind of paperwork at the scene. It seems to me that maybe they didn't want to ruin someone's life over 1 stupid mistake. She wasn't speeding for the fun of it.

No one made her speed. How will it "ruin" her life? There's no reason to be driving 100 mph with kids in the car. Even in an emergency because the person could get pulled over and it delays your arrival to a hospital. Or the driver gets into an accident and can injure herself or her kids or kill them.

Sounds like she's going to get charged with something.

 

[Cabletrash]

No one made her speed. How will it "ruin" her life? There's no reason to be driving 100 mph with kids in the car. Even in an emergency because the person could get pulled over and it delays your arrival to a hospital. Or the driver gets into an accident and can injure herself or her kids or kill them.

Sounds like she's going to get charged with something.

I know it was wrong. A long jail sentence would ruin most people life. Aside from this incident, she is an out standing mother.
So loosing her kids would damage them as well as her.

 

[leslie82]

The only thing that will be a sentence is the child endangerment. If she gets charged with that, she can always try to get a plea. She probably wouldn't end up with much jail time if it's her first offense. I'm not sure how Arizona works with that.

 

[Cabletrash]

The only thing that will be a sentence is the child endangerment. If she gets charged with that, she can always try to get a plea. She probably wouldn't end up with much jail time if it's her first offense. I'm not sure how Arizona works with that.

That's what I told her. It just seems like they would have had to issue at least a citation at the scene. For a felony child endangerment charge, I would have thought she would be going to jail on the spot.That's why I'm thinking maybe they showed a lot of compassion and just scared her on purpose in hopes it would be enough.

 

[Cabletrash]

A friend was stopped by what she said wasn't a regular cop (she was pretty shook up and doesn't remember the event clearly)for going over a hundred with kids in the car. They told her it is child endangerment and that "if" charges are filed, she will receive notice in the mail. They didn't give her any paperwork or have her sign anything. They weren't clear if charges will be filed. Personally I think they were trying to scare her in hopes that she would realize how serious of a mistake it was. Any insight would be helpful.

Allow me to rephrase. I'm not looking for moral advice. I'm aware she was in the wrong. I know the law allows for her to be charged. I know the basics of how much trouble she could be in. The question is .....Should She Have Received Some Kind Of Paperwork If They Are Charging Her? Should She Have Needed To Sign Anything? She is scared to death that she will loose her kids over this and she is in complete limbo.

 

[ElleMD]

No, they do not have to charge her at the scene. It is unlikely they will bother at a later date, but it is not a given. They have until the statute of limitations runs out for whichever charges they are contemplating to charge her.

 

[cynthiag]

I don't claim to know anything from a legal standpoint but if it isn't child endangerment to drive 100 mph with kids in the car, it sure ought to be. Last person I remember hearing about around here that did that died when they lost control of the car at that speed....so did the kids.

 

[leslie82]

That's what I told her. It just seems like they would have had to issue at least a citation at the scene. For a felony child endangerment charge, I would have thought she would be going to jail on the spot.That's why I'm thinking maybe they showed a lot of compassion and just scared her on purpose in hopes it would be enough.

They don't have to do anything. They could have made a report and passed it to the prosecutor. We don't know we weren't there. Neither were you. I honestly feel like your friend left a lot out of the story. So you can't get really decent advice when no one knows the whole story.

It's an Internet forum- you're gonna get moral advice too. Sorry.

 

[army judge]

Should She Have Received Some Kind Of Paperwork If They Are Charging Her?

AZ is the ONLY state among the other 49 states, that has seed cameras installed along the major highways, as well as other heavy traffic areas.

Sometimes a cop will clock you speeding, but the cameras do the dirty work.

Some cops like to talk to people, try to educate them maybe save a life or two, and some money for the next time.

The camera doesn't care.
The camera's owner gets paid when the letters go out, and the court collects the loot.

I'm speculating, but a friend of mine is a retired AZ trooper.
He would often do as I described above.
He did it as a courtesy to remind the motorist to take it easy., but he'd tell them how the camera worked.

Sometimes he would tell them the camera got them, when there was no camera, or he didn't write the ticket.
The guy loved to give warnings, if the motorist was polite.
Anyway, maybe that's what will happen to your pal.
No need to keep guessing, because we're even more uninformed about it than she is, we weren't there, either.