Fight Photo Radar! | R&R Law Group

Fight Photo Radar!

R&R Law Group’s Definitive Guide to Protecting

Your Rights, your Privacy & Your Record against

Photo Radar in the State of Arizona

Disclaimer: This e-book is written for informational purposes only and does not constitute legal advice. No attorney-

client relationship is formed as a result of the distribution or receipt of this book. Every legal case is different and

each case deserves an independent review by an experienced attorney. Failure to properly monitor a legal case or

have an experienced attorney represent an individual in a manner may result in severe consequences, including a

suspended license, court warrants, accruing fees and penalties and repercussion on your motor vehicle record.

Revised March 16, 2016

 
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Table of Contents 
Chapter 1: Photo Radar’s History and Overview in Arizona ............................................................... 3 
Photo Radar Locations in Maricopa County .................................................................................... 4 
Violations Types & Penalties ............................................................................................................ 5 
Red Light Violations Are Serious! ..................................................................................................... 5 
Line of Prolongation Matters, Not Cross Walk ................................................................................ 6 
Chapter 2: First Defense - I got a citation – do I have to respond? .................................................. 10 
Notice of Violation: Do NOT Respond! .......................................................................................... 10 
“Traffic Ticket & Complaint” is an Actual Ticket ............................................................................ 11 
Served Traffic Ticket and Complaint Requires Action ................................................................... 11 
Do I have to respond? ..................................................................................................................... 12 
Chapter 3: Tactics & Strategies .......................................................................................................... 13 
Challenging Service is Your First Line of Defense .......................................................................... 13 
Civil Traffic Hearing is Your Chance to Present Evidence ............................................................. 14 
Identification: The It’s Not Me! Defense ....................................................................................... 15 
Constitutional Objections Probably Won’t Work .......................................................................... 16 
Trial Requirements: What the State Has to Prove ........................................................................ 16 
Plea Resolutions: Find a Non-Point Way Out ................................................................................ 17 
Contact an Attorney ........................................................................................................................ 18 
 
 
 
 
 
 
 

Chapter 1: Photo Radar’s History and Overview in Arizona

Long-time residents of Arizona may remember the days when the major freeways in

the Phoenix metropolitan area were riddled with photo radar cameras. That is no

longer the case and speed cameras are now employed exclusively by local municipal

or city governments.

The following cities have active photo radar programs as of the time of this writing

(March 2016), starting those with the biggest programs to the smallest:

1. Scottsdale

2. Mesa

3. Phoenix

4. Chandler

5. El Mirage

6. Show Low

7. Star Valley

8. Green Valley

9. Eloy

10. Various other cities with small programs

There are two primary companies behind these photo radar campaigns: Redflex and

American Traffic Solutions.

Both of these companies have contracts with city police departments to run the

photo radar systems. Generally speaking, the companies have representatives of the

corporation, not the police department, install and monitor the equipment. They

calibrate the machines and maintain their operation. Reports are generated, and

reviewed by the police departments who then sign a complaint which is then filed

with the court. It is important to note the police department has little to no

involvement in installing the machines or maintaining them. They review data that

is sent to them by these corporations and make a determination as to their accuracy.

Photo Radar Locations in Maricopa County

For a full list of photo radar locations across the valley, visit our website at:

http://rrlawaz.com/photoradar/

Violations Types & Penalties

There are many variations of cameras that exist, from mounted poles to van, but

they exist to write two primary citations: (1) speeding tickets and (2) red light tickets.

Each violation has unique characteristics:

Speeding A.R.S. 28-701(a)

Red Light A.R.S. 28-645

 3-point violation

 Fine increases with speed

 2-point violation

 Requires Traffic Survival School

 Fixed Fine

Driving records are unique and each violation may have differing consequences. It is

important to do a comprehensive review of your record prior to making any

decisions. An unofficial copy of driving records can be obtained at

www.servicearizona.com.

Red Light Violations Are Serious!

Red light violations are very seriously penalized in Arizona. As the charge above

shows, it is only a 2-point violation. However, a conviction for a red-light violation

has other serious consequences, most namely, the requirement that you complete

Traffic Survival School.

Traffic Survival School is a class that must take if you are actually convicted of a red

light violation. This is different than Defensive Driving School, which is a PRE-

conviction diversion program. This means that if you complete Defensive Driving

School prior to paying your ticket or being convicted, your case will be dismissed.

However, if you simply pay your ticket or you contest your ticket and you are found

guilty/responsible, the Motor Vehicle Department will impose the very different

penalty of requiring you to complete Traffic Survival School.

Traffic Survival School is an 8-hour course that MUST be completed in person. This

is different than Defensive Driving School, which can be completed online. The

Arizona legislature requires people convicted of the following to complete Traffic

Survival School:

1. Driving Under the Influence

2. Racing / Exhibition of Speed

3. Reckless Driving

4. Accumulating over 8 points in 1 year

5. Red Light Violations

This means that if you are convicted of a Red Light Violation, you will be in the same

classroom as people who have been convicted of DUI, Reckless Driving and other

serious traffic infractions! Simply for one red light violation, no matter how severe

or how minor.

If you live out of State, you may have to travel back to Arizona to complete this

Traffic Survival Course in person unless you can find an analogous court in your

home state that Arizona will accept. This can be more difficult than you might

imagine.

Line of Prolongation Matters, Not Cross Walk

Many people convicted of a red light violation insist that they were in the

intersection when the light turned red. And many times we would agree! The

question becomes where the intersection begins, and there is disagreement about

this issue in Arizona between attorneys, prosecutors, courts and judges.

We argue that the intersection begins at the beginning of the crosswalk. This

makes sense logically, of course, because that is where you stop when the light is

actually red. Common sense and a simple observation of driving behavior in

Arizona and around the country (and world) shows people stopping before the

crosswalk. This enables pedestrians to walk and gives plenty of room for other

traffic perpendicular to the intersection to pass through the intersection without

clipping cars stopped at the light.

Unfortunately, courts and judges often do not share this same definition of

“intersection”. They consider the intersection to stop at what is known as the “line

of prolongation” which is illustrated below.

This is often several feet past the crosswalk. This leads many people to believe they

are driving lawfully when they are passed the crosswalk when the light turns

yellow. Unfortunately, a driver may be in the crosswalk when the light turns yellow

but not past the line of prolongation when the light changes red. This results in a

violation even though the driver was performing a perfectly safe driving maneuver.

See the figures below for a better illustration of how these violations work.

Figure 1: How Scottsdale Defines an Intersection

Figure 2: Actual Line of Prolongation

Chapter 2: First Defense - I got a citation – do I have to respond?

Generally speaking, there are three scenarios where people receive notice of a

photo radar citation; they receive a notice of a violation, they receive a traffic ticket

and complaint, or they are served with a traffic ticket and complaint. The underlined

distinctions are very important and require different legal strategies.

Notice of Violation: Do NOT Respond!

Many people receive what is a called a Notice of Violation. This is not an actual traffic

ticket, it is merely a notice that there has been an infraction and the police are

looking for assistance in identifying the violator.

Under Arizona law, there is no obligation to respond to the Notice of Violation and

no obligation to identify the driver. This scenario often presents itself when drivers

have out-of-state driver’s licenses and the Arizona Motor Vehicle Department

(“MVD”) cannot match the driver to a photograph.

In many cases, nothing develops from these notices unless an individual responds

to the notice identifying either themselves or another individual. However, these

situations should still be monitored to ensure that neither the court nor the police

department are continuing investigation or seeking alternatives methods of

identification of the driver.

“Traffic Ticket & Complaint” is an Actual Ticket

As it sounds, a Traffic Ticket & Complaint is an official citation and complaint that

has actually been filed with the Court. The Court receives the complaint and assigns

a court date for what is known as an arraignment. At an arraignment for a photo

radar ticket, the Judge determines how a defendant would like to proceed, either by

taking a Defensive Driving School if eligible, paying the citation, or setting the case

to hearing a later date.

However, before determining how to respond to an actual complaint, the important

question of whether or not the Court has authority to act must answered. This leads

to the question of whether the traffic ticket and complaint was actually served on

the individual in question.

Served Traffic Ticket and Complaint Requires Action

Letters are lost in the mail every day. Unless a person is personally served, or

physically handed their ticket, there is no way for the Court system to know whether

or not they as a defendant have proper notice that a complaint has been filed against

them. Accordingly, most jurisdictions in Arizona serve their clients with photo radar

tickets or engage in alternative methods of providing notice. The cities of Scottsdale,

Mesa and Chandler are particularly aggressive when serving individuals.

The City of Scottsdale Prosecutor’s office also often asks the Court to grant them

authority to engage in alternative service. When granted, the Court authorizes them

to avoid having to physically hand you a document. Instead, they can post a notice

of the citation on the door of your last known residence while mailing you a copy.

Do I have to respond?

If the Court believes it has jurisdiction over an individual, a response will be required

to prevent the Court from taking action on its own. If the Court acts without an

individual present, it is not in that individual’s favor. When this happens, it is known

as a default judgment. This means the individual loses and the Court suspends that

individual’s license.

If an individual is not represented by an attorney, it is critical to respond to the Court,

particularly if served. But if you have not been properly served, there has been no

alternative service, and the court has no record that you have proper notice, you do

not have to respond!

If you or someone living at your address on record with the MVD has been served,

there are still many strategies and tactics attorneys use to fight those cases that

come to this point.

Chapter 3: Tactics & Strategies

As in any legal case, there are many tactics and strategies that can be used to achieve

a proper defense. Certain strategies are best employed by experienced attorneys,

while others may be executed by individuals on their own behalf. We will explore

the most commonly used tactics that have been successful in fighting photo radar.

Challenging Service is Your First Line of Defense

Before fighting the actual ticket, it may be wise to challenge the service that was

allegedly effectuated on an individual in a case.

When a person is served, the process server has to file what is known as an Affidavit

of Service with the Court. This is a document upon which the process server swears

that service was completed properly. It often identifies certain characteristics that

indicate service was proper, including the address, description of a vehicle if present,

and description of the individual to whom the papers were delivered.

This sworn document can be challenged by requesting that the case be set for a

hearing, not on the original ticket, but on the issue as to whether service was proper.

At this hearing, either the court or the individual requesting the hearing (depending

upon the jurisdiction) has to subpoena the process server to appear for the hearing.

At that hearing, a defendant or their attorney can cross-examine the process server

regarding the effectiveness of service. If the process server fails to appear at the

hearing or fails to testify properly, then service will not be considered proper and

the case will likely get dismissed due to time limitations.

Because of the technical details involved in these types of cases it is recommended

these tactics be exercised by experienced attorneys or after considerable research.

Civil Traffic Hearing is Your Chance to Present Evidence

A civil traffic hearing is an informal hearing that is scheduled any time that you, or

your attorney, which to contest a civil traffic infraction that has been alleged against

you.

At the hearing, the officer is required to appear in court to testify against you and

explain why he or she wrote you the citation. The officer will receive a formal

summons, or order, from the court and tells them where and when to appear. You

must also appear at the hearing. If you do not appear, you automatically lose your

case and the court will enter what is called a default judgment against you. This

means that you lose your case automatically. When a default judgment is entered

against you, your license will be suspended and your fines increase dramatically.

Your license will remain suspended until you pay your fines in full. Accordingly, it is

important that you appear.

Once all parties are ready and have been sworn in by the Judge or the hearing

officer, the officer will testify first. The officer has to discuss key elements of your

case, including describing the location of the offense, the date and time of the

violation, and the nature of the violation itself. If the officer misses these elements,

then the officer has not brought forth a sufficient complaint.

When the officer is finished testifying, you have the opportunity to ask the individual

questions. For example, if it was a speeding case, you will likely want to ask about

the weather conditions, the safety hazards in the roadway, questions regarding the

officer’s calibration records and training and experience. During this questioning, it

is not a time for you to state your side of the story. Instead, this is only for questions

relating to the officer’s testimony.

When you are finished with your questions, it will be time for you to give your side

of the story to Judge. You can discuss all facts that believe to be relevant to your

case, including whether you were in control of your vehicle, whether there were

abnormal conditions in the roadway, your driving record, and other factors.

The Judge may have clarifying questions for either you or the officer, and may ask

those questions as this is an informal hearing.

After the conclusion of testimony, the Judge will decide the case based on the

standard of “preponderance of the evidence.” This is standard that the state must

reach, and means that you will be found responsible if the Judge believes that it is

more likely than not that there was an infraction committed. If the Judge believes

that it was less likely than more likely that you committed the offense, the Judge will

find you not responsible.

There is always an opportunity to appeal a Judge’s ruling, and if you decide to do

this you will receive paperwork from the Court with strict instructions that must be

followed.

Identification: The It’s Not Me! Defense

This is the very common “that’s not me” defense. If the photos are of poor quality,

and many are, an individual charged may be able to argue that they are not the

person driving the vehicle and cannot be found responsible for the ticket.

This is often a difficult defense for individuals to exercise on their own without an

attorney due to one key point – the individual claiming this defense has to appear

physically in Court. This give the Judge in the Court the opportunity to see that

individual in person and compare the individual standing before her with the person

in the photograph. With this ability to make comparisons and having heard this

defense many times, Judge are often unlikely to dismiss a case on this basis.

Attorneys, however, have the unique ability to appear on behalf of their clients. This

prevents the Judge from having the opportunity to make detailed comparisons of

people who are standing directly in front of them. Additionally, Judges vary greatly

in their analyses in this area. The comparison of a person’s face to a driver’s license

photo is highly subjective and judges differ greatly in their analytical process in this

area.

Constitutional Objections Probably Won’t Work

Many people object to photo radar devices on a Constitutional principle. While well

intentioned, these objections are typically rejected by Courts in Arizona. There are

many legal principles inherent in the United States Constitution that are on point

with photo radar systems, but unfortunately justices across Arizona tend to support

the money generating systems. As a result, Constitutional objections arising from

due process arguments or unlawful searches and seizures relating to photo radar

typically fail.

Trial Requirements: What the State Has to Prove

Photo radar violations are civil offenses, meaning they differ from criminal

violations. Criminal violations have a different and more strenuous standard. In

criminal law, the standard that must be met before being found guilty is “beyond a

reasonable doubt.” This is higher than the standard faced for a photo radar violation.

For civil traffic offenses, the standard that must be met prior to being found

responsible is “preponderance of the evidence.”

In law school, there is an important acronym that young attorneys learn regarding

establishing a sufficient complaint. That is known as L.O.V.I.D., which stands for:

 Location

 Offense

 Venue

 Identification

 Date & Time

In any testimony, the state must prove each of these elements in order to establish

a sufficient claim. Failure to establish even one of these elements warrants a

complete dismissal. However, it is often difficult to determine whether an element

has been satisfied, or even more common it is difficult to alert a judge that he/she

failed to recognize a missed element in the state’s testimony. Many Judges are not

licensed attorneys, merely elected through the legislative process. Moreover, many

Judges hearing photo radar or civil traffic hearing are not elected, simply appointed

hearing officers. It is common that they are not trained to recognize these legal

elements.

Plea Resolutions: Find a Non-Point Way Out

Many jurisdictions with photo radar systems promulgate the idea that there is no

choice regarding resolving a citation. This is not the case. In fact, there are many

statutes and many resolutions that can save a driving records, points, fines or both.

Additionally, may resolutions preserve a clean driving record and can save significant

amounts on long term insurance rates. These resolutions tend to be more technical

in nature but include statutory amendments including Failure to Obey a Traffic

Control Device and Waste of Finite Resources. There are also statutory codes Courts

enter that do not translate to points on a motor vehicle record with the Motor

Vehicle Department.

Contact an Attorney

This guide is a brief overview of potential issues that may arise with Arizona Photo

Radar systems. To protect your license and your privilege to drive, it is important to

contact an experienced attorney familiar in this field of practice.

Should you have any questions or concerns, please feel free to contact the attorneys

at R&R Law Group for a free consultation at (480) 400-1355 or visit our website at

www.rrlawaz.com.

We are always happy to speak with you!