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How Many Photo Tickets Will It Take Before You Fight Back?
GPS is 100% Legal and Pays For Itself. Click Here To Learn More.

Another Arizona Jurisdiction Rejects Speed Camera Tickets

29 Jan 2009

Another Arizona jurisdiction has joined Pinal County in refusing to accept photo radar ticketing.

Arrowhead Justice Court Judge John C. Keegan in December issued an order declaring the state's freeway photo radar program unconstitutional.

Since then, Judge Keegan has torn up at least 400 state-issued tickets because these tickets carry penalties that differ from those issued by a live police officer.

"The clear meaning of these provisions of the Arizona and United States constitutions is that it is unconstitutional to create one set of laws that applies only to a particular class of defendant and not to other defendants based solely on the mechanism employed by the government," Keegan ruled.

"Given the not uncommon set of circumstances where two drivers are traveling on the same highway, at the same speed in excess of the speed limit, at the same time, in essentially the same location and are cited by the same agency into the same court, [the freeway photo radar statute] ARS 41-1722 creates a distinction whereby one class of defendant is subjected to a significantly different array of penalties than another class of defendant based solely on the use of photo enforcement."

Keegan is an elected justice of the peace for Maricopa County. His court has jurisdiction over north Glendale, Peoria, Sun City and Surprise. Any driver contesting a freeway speed camera ticket within this jurisdiction will have the $181 fine automatically dismissed.

"It is the determination of this court that the provisions of ARS 41-1722 are unconstitutional and unenforceable within the jurisdiction of this court," Keegan concluded.

Keegan was an Arizona state representative in 1991 when residents of Peoria voted by a two to one margin to eject speed cameras from the city. Keegan later was elected Peoria's mayor, a post he held until 2007. The statewide speed camera program operated by Redflex currently has the authority to issue photo radar tickets in Peoria on the Loop 101 freeway, despite the public's strong opposition. CameraFraud.com's Tucson affiliate praised Keegan for taking a stand.

"Finally, a judge with common sense who follows the Constitution," wrote CameraFraud Tucson organizer Bill Conley.

Source

View the full text of the court order in a 125k PDF file

The Guru's Views.

This story just goes to prove the points we're making at trafficticketguru.com. How can you have to sets of laws and punishments for the same offence?

Consider These Scenarios

At the same time two motorists are traveling the same road but separated by some distance and they are both going 16 kph over the limit in a 50 zone. The first motorist is stopped by an officer. The driver is issued a ticket and can then go to traffic court or plead guilty and on conviction be subject to not only a fine, but also licence demerit points and possible insurance increases.

Meanwhile, the second motorist passes the Police Officer who has the other motorist pulled over and continues up to the Red Light Camera or Mobile Radar Unit and trips the sensors at the 16kph over.

The vehicle continues to speed because it wasn't stopped, the driver is not held accountable and the ticket is mailed two weeks later to the Owner of the Car. The owner then has the option of taking it to the same court and even if a guilty plea is entered and the same fine assessed. There are no demerit points issued, no insurance increases and in some Provinces there is no record of the offence on the Owner's licence or Insurance status.

Another scenario is a motorist traveling down the road at let's say 11 kph over the limit. The vehicle passes the Traffic Officer who doesn't give the vehicle a second glance and it carries on down the road and passes the photo set up where a ticket is generated for 11 over and two weeks later the ticket is sent to the motorist who is dumb founded to learn they were speeding because after all they passed a police officer doing radar who didn't stop them.

This same vehicle if it had traveled this route often could end up receiving more tickets during the wait time for the first one because they were under the impression the speed they were traveling was fine. In fact they may have thought they were in a 60 Zone instead of a 50.

These aren't Scenarios Though!

They are happening everyday in Cities all around the world. This is just another reason why this method of Enforcement is faulty, unsafe and revenue motivated!

The Officer is asked why he doesn't issue as many ticket as the machine. The simple answer is the Officer is looking for Real Speeders and aggressive drivers. Many are also drivers who have bad driving records, are unlicensed, suspended, impaired and driving stolen vehicles. They are not interested in good drivers.

Those same bad drivers laugh as they speed pass the cameras because they have no intention of paying the fines anyways! If they are driving someone else's vehicle then no one can make them.

Why do we continue to allow this to happen?

Why do people continue to sit back and allow Camera Companies to take millions of dollars away from their economies and re-invest nothing?

Oh I forgot......it's making the Street's Safer!!!!

Slow Down, Drive Safe, Keep Your Money in Your Pocket!

Larry Stefanuik
trafficticketguru.com



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