if so, how?
2007-01-11 04:59:13 · 4 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Identifying drivers and matching them to the speeding car can be a tricky legal issue.
Phoenix lawyer Craig Gillespie proved that when he fought two photo-enforcement tickets on Dec. 28, 2004.
He was flashed twice, once at Scottsdale Road and Wilshire Street, and again at 66th Street and Osborn Road.
"The judge tossed one ticket because the picture was of such poor quality," he said.
He argued that the second ticket was illegal because Redflex Traffic Systems, which operates Scottsdale's speed cameras, was not matching camera images to the driver's license.
The Scottsdale judge disagreed. Gillespie appealed to Maricopa County Superior Court, where Judge Margaret Downie ruled in part that Scottsdale was violating state law by not comparing the photos.
"Under this system, no one can certify with the slightest degree of accuracy or truthfulness that the person receiving the ticket is the actual driver," Downie wrote in her decision. "There is no human involvement certification process whatever."
She ordered the Scottsdale judge to dismiss the ticket.
Caron Close, Scottsdale's top prosecutor, said the decision does not set a precedent, but "Scottsdale is not ignoring it."
Bruce Kalin, who administers Redflex's $2 million contract for Scottsdale police, said that over the past three years, the company has gone from a one-shift-a-day operation to round-the-clock staffing, in part because of the volume of Loop 101 tickets
If You Have A Ticket?
A successful challenge to a photo camera radar ticket is achieved by looking at several important things. Statistics have shown that the vast majority of these photo camera radar tickets are illegible because of these reasons:
Illegible license plate number
Make and model of the vehicle is or is not identifiable
Indistinguishable driver or operator
If you have received such a photo camera radar ticket, immediately appeal it and ask to see the photo records that supported a ticket being mailed to you. Look to see if any of those reasons apply and then explain it to the court official hearing your appeal case.
Another popular strategy that many have used successfully is to simply ignore the ticket that you received in the mail and do nothing. Why you ask? When you receive a speeding ticket under normal conditions, you receive it in person from a police officer and many times you sign the bottom of the citation promising to appear in court. When you get a photo camera radar ticket by mail, you never sign anything. Legally you do not have to respond, appear, pay or anything else. The only way you will ever hear anything about the ticket is if an officer shows up at your door with a summons for you to appear in court. When you’re asked about the ticket you simply reply you never received a ticket, it must have been lost in the mail. Since most if not all local, city, county and state agencies do not send these types of tickets out via "certified mail" there is no way to prove that you ever received it. Remember, these types of speed traps are a business. In most jurisdictions the equipment being used by the law enforcement agency is on loan or is being leased to that department because a portion of each and every photo camera radar ticket's revenue goes to that company that loaned or leased the equipment to that agency. In these types of speed traps they just bank on a certain number of obedient ignorant people simply mailing in their fines pleading guilty.
When preparing to fight your photo camera radar ticket in court, be sure to check the admissibility of such a ticket in the courts within your state. Many state courts have deemed these photo camera radar tickets to be unconstitutional for a variety of reasons, many mentioned in this article; yet many police departments and their respective cities and towns continue to operate such traps because they know a certain percentage of the violators will just pay their fine and send it in paid in full. So do not overlook doing this important step in the fighting back process.
Typical Radar Rules Still Apply
Remember, radar itself has many flaws, so ask to look at the records of the piece of equipment that contained the radar unit. Be sure it has been calibrated, inspected and that tuning forks were used to calibrate it daily, which oftentimes does not take place. Almost every state in the United States requires radar units to be calibrated daily by members of law enforcement and inspected every 6 or 12 months by an independent laboratory to assure us of the integrity and accuracy of the speed detection device being used to nail speeders is in proper working order. Photo camera radar produces many false readings for sure, just as normal police radar units do that the police officers use every day
Fight it or ignore...either way I think you will be alright.
2007-01-14 10:21:10 · answer #1 · answered by mndapa1 3 · 1⤊ 0⤋
Davenport Ia Radar
2016-12-29 13:27:39 · answer #2 · answered by ? 3 · 0⤊ 0⤋
It was a Red Light system but last week in Davenport, Iowa, District Court Judge Gary McKentrick ruled in favor of a pair of plaintiffs and found that cameras in Davenport violate state motor vehicle code. This has prompted City Councils in other Iowa cities, to hold off on installation of new RedFlex Light Systems.
So, you certainly could fight, and maybe even end up winning. But it might end up costing you more money in the end than the ticket itself. But you could always try!
2007-01-11 06:47:18 · answer #3 · answered by evilbandit 2 · 0⤊ 0⤋
Sure, but unless you have a LOT of spare time on your hands, just get a lawyer. Or order the kit from http://www.motorists.org/issues/tickets/index.html
2007-01-11 05:08:51 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋