I think this is the artilce where the 35mph comes from and the source is the police chief who says it appears Uber is not at fault.
https://www.sfchronicle.com/business/article/Exclusive-Tempe-police-chief-says-early-probe-12765481.php?utm_campaign=twitter-premium&utm_source=CMS%20Sharing%20Button&utm_medium=social
No criminal case, but there will be a civil one....