Arizona Laws 28-707. Charging speed violation; burden of proof; findings
A. In a charge of violating a speed restriction in this article, the complaint shall specify all of the following:
Terms Used In Arizona Laws 28-707
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Commercial motor vehicle: means a motor vehicle or combination of vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise, that is a commercial motor vehicle as defined in section 28-5201 and that is not exempt from gross weight fees as prescribed in section 28-5432, subsection B. See Arizona Laws 28-601
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Traffic: means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. See Arizona Laws 28-601
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.