Arizona Cardinals wide receiver star Marquise “Hollywood” Brown was arrested in Phoenix this morning for “criminal speeding.” Yes, we all know it’s a crime to speed. But criminal speeding? We thought speeding was just that. It seems there is also criminal speeding. So, what is that?

Do all states have criminal speeding charges?

Where does speeding cross the line to become criminal speeding? First, it depends on which state this happens in. Most states consider speeding a citable infraction, which means it is not a crime. So you can’t receive a felony charge.

Criminal speeding is one of three things in Arizona. Either driving in excess of 85 mph, driving 20 miles per hour above the speed posted, or going 35 mph in a school zone. Essentially, the determination is based on the speed, the speed limit, and where it took place. 

So for any of the above, criminal speeding is a Class 3 misdemeanor. That usually means a fine, and a conviction on your driving record. Unfortunately, the conviction can’t be cleared from your record. But depending on the circumstances, the penalty can result in 30 days of jail time with a fine, which includes a surcharge, is just under $1,000. Up to one year of probation is also possible.

Is criminal speeding a felony in Arizona?

And the process of finding you innocent or guilty is a long and bumpy ride. There is a discovery phase, where the officer’s notes are received and the possibility of being offered a plea deal. From there, you have a pre-trial conference, then a supplemental discovery phase, a second pre-trial conference, and a mitigation phase, where final negotiations happen. Then, you have a trial. 

Arizona has no felony speeding penalty. That means there is usually some other type of offense that is applied to make the jump to criminal speeding. So something like a DUI, unregistered weapon, or hit-and-run, which there is absolutely no indication of in Brown’s arrest, would be a reason to arrest someone. And that is standard procedure in all 50 states. Though again, there have not been any additional offenses. 

How fast was Brown going?

According to the police report, Brown was allegedly going 126 mph in a 65 mph zone on State Route 101. He was released on his own recognizance. August 23 will be the first court hearing. The first game of the NFL’s 2022 season starts September 8.  

In a statement, the Cardinals say, “We are aware of the situation regarding Hollywood Brown and have reported it to the NFL office as required.” The organization won’t comment further until more information becomes available. The good news for Brown is that he has no prior arrests or bad driving records. 

With the NFL season getting closer, unless the Cardinals or NFL impose disciplinary actions, Brown should be available for practice and pre-season games, as well as the beginning of the 2022 season.