Arizona Traffic School for a Ticket: How Diversion Works

Start here: the law behind diversion

Courts have no choice in the matter: A.R.S. 28-3392 says they shall permit defensive driving school for civil moving violations. A.R.S. 28-3394 then makes dismissal mandatory and keeps MVD from posting the ticket, which means no points.

The Arizona Supreme Court runs the program across the state. Schools and instructors are certified by the Court, attendance is tracked in its database, and its website shows what every court charges. No court may favor one certified school over the rest.

Before you sign up: which tickets qualify

Your violation must appear on the Supreme Court's eligible list. DUI, reckless driving and other criminal charges are excluded. Criminal speeding (A.R.S. 28-701.02) is the lone exception, and only if the court agrees when you ask.

If someone died or was seriously hurt, diversion is off the table, although the judge may still require a class within the sentence. And you are out if your last diversion was for a violation less than 12 months before this one, counting from violation date to violation date.

• In: most civil moving violations, civil speeding included
• Ask the judge: criminal speeding
• Out: DUI, reckless driving and other criminal charges
• Out: crashes involving death or serious physical injury
• Out: a class already used in the past 12 months

Budgeting: the full price

The cost has several parts. First, your court's diversion fee, set by its presiding judge. Second, the $45 state surcharge from A.R.S. 28-3396. Third, a fund fee of no more than $15 under A.R.S. 28-3397, with the Supreme Court setting the amount. Fourth, the school's tuition.

These take the place of the fine. Weigh the total against the fine printed on the ticket, but remember that the larger saving usually comes from keeping the violation and its points away from your record and your insurer.

A worked example: if your court's published total plus the school's charge comes to a bit more than the fine, the class still often wins, because a paid speeding ticket adds 3 points and can follow you onto an insurance renewal.

Choosing a format: online and out of state

According to the Supreme Court, the class can be in a classroom or online, except where a judge has ordered in person attendance. Online providers are required to verify who is actually taking the course.

Drivers who live outside Arizona and received an Arizona ticket may take the class online, and Phoenix Municipal Court offers the same option. By law (A.R.S. 28-3395) no class may exceed four and a half hours, the final test and its grading counted.

If you hold a CDL

Tickets received in a vehicle that needs a CDL cannot be diverted. A judge may include a class in the sentence under A.R.S. 28-3392, yet MVD still receives the conviction, in line with the federal masking ban in 49 CFR 384.226.

In your personal car or motorcycle (class D or M, not used for work), you can attend. A.R.S. 28-3394.01 then waives the civil penalty. The violation does show on your record, but MVD may not base a suspension on it, and your personal auto insurer has to treat it like a dismissal.

Not to be confused with traffic survival school

Traffic survival school is an MVD order, not a choice you make to dismiss a ticket. The schools hold ADOT licenses, sessions last at least eight hours and include aggressive driving content, and attendance is in person unless there is a governor's emergency declaration or a one time MVD hardship waiver.

Triggers include 8 points or more inside 12 months; convictions for aggressive driving, wrong way driving, or running a stop sign or red light; and any moving violation committed before 18. Diverting an eligible ticket through defensive driving can keep you off that path.