28-707. Charging speed violation; burden of proof; findings

204 words·~1 min read·/az/title-28/28-707

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In a charge of violating a speed restriction in this article, the complaint shall specify all of the following:

1. The speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.

2. The identification of the defendant.

3. The date and time of the alleged violation.

4. The location of the alleged violation.

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.