Arizona: Speeding Ticket on the way to Emergency Room

What is the name of your state? Arizona

A couple of weeks ago I took my young son to the local Urgent Care facility for abdominal pain and nausea. They told me they couldn't handle his situation and he needed to go to the hospital Emergency Room. It would take 20 minutes for an ambulance to arrive, so I decided to drive there myself. The closest ER is about 15-20 miles away.

It was around 6:15 PM on a Saturday and the traffic on the divided 4-lane city street was light. Although the posted speed is 45 mph, I was apparently going 59 mph--and moving with the flow of the rest of the traffic. I received the speeding ticket in the mail about a week later (got caught by a camera). The citation is "ARS 28-701A Speed Greater Than Reasonable and Prudent." There is a video of me passing through the intersection, which I have viewed online. It shows that I am traveling at a speed consistent with other cars traveling in both directions, and there is even a police car pulling up to the intersection as I pass through it. The officer in that car did not even bat an eye at my speed.

I have responded to the citation by requesting a hearing, for which I am scheduled to appear on June 24 in Chandler. I am not represented by an attorney and do not plan to retain one.

I am contesting the "Speed Greater Than Reasonable and Prudent" charge based on extenuating circumstances: I was on my way to the Emergency Room with my son in the backseat crying in pain, having been told by another doctor (at Urgent Care) to go to the Emergency Room immediately because my son may have appendicitis. I believe that my speed was both reasonable and prudent under the circumstances.

[Not that it is an argument to take on at the hearing, but I doubt that a machine (traffic camera) has the reasoning capability to determine whether my speed is really reasonable and prudent! If I had been pulled over by a human being, isn't it likely that the officer would have given me a warning and sent me on my way?]

I have proof from the hospital that I was in their ER with my son a few minutes after the traffic camera "got" me.

Am I just being bull-headed here? Or is there a reasonable chance that I could win my case?

I had a speeding ticket in another state a year ago. If I just pay the fine it will cost me $190 plus points on my record (increased insurance). If I take the driving class, I won't get points on my record, but it will still cost me $135 plus about 4 hours of my time. I don't know how much it may cost if I lose my case at the hearing.

Opinions? Suggestions? Similar cases that could support mine at the hearing?

Thanks in advance for your greatly appreciated time and consideration.
~Christine

You do not have a defense. You should have waited for the ambulance.

Zigner said:

You do not have a defense. You should have waited for the ambulance.

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Who in their right mind is going to wait 20 minutes for an ambulance when they can be AT the hospital in less than 20 minutes? No mother I know of would wait for the ambulance.

Following your logic, if I had waited for the ambulance I could reasonably expect to be accused (by someone somewhere, maybe even a machine) of neglecting my son by allowing him to remain in pain with possible appendicitis for 20 minutes longer than was necessary.

Without trying to be combative about your terse answer, I wonder--are you trying to tell me that common sense does not exist in our court system?

c6h12o6 said:

Who in their right mind is going to wait 20 minutes for an ambulance when they can be AT the hospital in less than 20 minutes? No mother I know of would wait for the ambulance.

Following your logic, if I had waited for the ambulance I could reasonably expect to be accused (by someone somewhere, maybe even a machine) of neglecting my son by allowing him to remain in pain with possible appendicitis for 20 minutes longer than was necessary.

Without trying to be combative about your terse answer, I wonder--are you trying to tell me that common sense does not exist in our court system?

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YOU do not have the medical support that might be required if something were to go wrong.
YOU could easily have been involved in an accident based on your excessive rate of speed.

So, tell me, what was the outcome for your son?

Zigner said:

YOU do not have the medical support that might be required if something were to go wrong.
YOU could easily have been involved in an accident based on your excessive rate of speed.

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The Urgent Care doctor told me they could call an ambulance and I would have to wait 20 minutes for it to arrive, or drive there myself. At no time was I encouraged to wait for an ambulance. The Urgent Care center was not equipped to deal with a possible appendicitis patient, which is why I was told to go to the ER.

I was traveling at 14 mph over the posted speed, during clear daylight on a divided 4-lane road in light traffic, and moving with the flow of traffic. I did not run any red lights, break any other traffic laws, or have any accidents. I am 44 years old with a good driving record. According to my citation, I have been accused of driving at a speed that is not reasonable and prudent. I was *not* charged with excessive speed, which--if my memory is correct--is a completely different charge.

[This was added after the original post was made]
28-701.02. Excessive speeds; classification
A. A person shall not:
1. Exceed thirty-five miles per hour approaching a school crossing.
2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.
...
(Source: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/00701-02.htm&Title=28&DocType=ARS)
[End of addendum.]

I *was* driving faster than the posted speed, but I'm really looking for knowledgeable opinions on whether I may be able to successfully argue that my speed was indeed reasonable and prudent under the circumstances, as well as any other cases that may support my argument.

c6h12o6 said:

I *was* driving faster than the posted speed, but I'm really looking for knowledgeable opinions on whether I may be able to successfully argue that my speed was indeed reasonable and prudent under the circumstances, as well as any other cases that may support my argument.

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The fastest speed deemed reasonable and prudent is, by definition, the posted speed limit.

Curt581 said:

The fastest speed deemed reasonable and prudent is, by definition, the posted speed limit.

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Reading the statute, it sure sounds to me like there is room for interpretation as to what is "reasonable and prudent":

---

28-701. Reasonable and prudent speed; prima facie evidence; exceptions

A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.

B. Except as provided in subsections C and D of this section or except if a special hazard requires a lesser speed, any speed in excess of the following speeds is prima facie evidence that the speed is too great and therefore unreasonable:

1. Fifteen miles per hour approaching a school crossing.

2. Twenty-five miles per hour in a business or residential district.

3. Sixty-five miles per hour in other locations.

C. The speed limits prescribed in this section may be altered as authorized in sections 28-702 and 28-703.

D. The maximum speed provided in this section is reduced to the speed that is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing, including the following conditions:

1. Approaching and crossing an intersection or railroad crossing.

2. Approaching and going around a curve.

3. Approaching a hillcrest.

4. Traveling on a narrow or winding roadway.

5. A special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

E. A person shall not drive a motor vehicle at a speed that is less than the speed that is reasonable and prudent under existing conditions.

Source: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/00701.htm&Title=28&DocType=ARS

---

Am I nuts, or does anyone think I stand a chance at finding leniency from the court?

c6h12o6 said:

B. Except as provided in subsections C and D of this section or except if a special hazard requires a lesser speed, any speed in excess of the following speeds is prima facie evidence that the speed is too great and therefore unreasonable:

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Read the underlined. By definition, "prima facie evidence that the speed is too great and therefore unreasonable"

No interpretation needed.

Am I nuts, or does anyone think I stand a chance at finding leniency from the court?

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Depends on how you define 'leniency'.

Do you stand a good chance of a reduction or amendment to a lesser offense just for appearing in court? Yes.

Will the judge listen to your story and say "Oh, that's okay, never mind" and dismiss it outright? No.

Curt581 said:

Read the underlined. By definition, "prima facie evidence that the speed is too great and therefore unreasonable"

No interpretation needed.

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I've been doing some research on the statute and past attempts to fight these tickets in court. Although I have not come across anything that is similar to my case, I am beginning to see that I'm likely SOL. All things considered, it seems very unfair to me and certainly contributes to me being a much less happy taxpayer. If I had had the benefit of a live human being pulling me over, I would most likely have been given a warning. But apparently our society has decided that machines are more capable of deciding what is "reasonable and prudent" in the lives of humans. God help us.

You also said:

Curt581 said:

Do you stand a good chance of a reduction or amendment to a lesser offense just for appearing in court? Yes.

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I'm not sure what reduction or lesser offense I could be offered. Did you have any specific ideas about this?

c6h12o6 said:

If I had had the benefit of a live human being pulling me over, I would most likely have been given a warning. But apparently our society has decided that machines are more capable of deciding what is "reasonable and prudent" in the lives of humans. God help us.

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More likely the city leaders heard enough complaints from people who were pulled over for traffic violations who said "Don't these cops have anything better to do?" and "Why aren't they out chasing real criminals instead of picking on honest taxpayers?"

I'm not sure what reduction or lesser offense I could be offered. Did you have any specific ideas about this?

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No, since that pretty area-specific. As a rule of thumb, busier courts in larger cities tend to be more generous. The interest is to dispose of as many cases as possible at the intake or initial appearance level.

If you want more specific information, call around to a few local traffic attorneys.

Many years ago, my mother was clocked for speeding on her way to the hospital. She was in a similar situation, but taking care of her elderly mother who was in need of medical care.

Since points were involved, my mother decided to go to court. In court she explained the circumstances, and apologized for breaking the law. Since she had a good driving record, the judge dropped the charges, except for a small nominal court fee, but with one caveat: I don't want to ever again see you in my court, he told her.

If you have a clean, or at least a decent driving record, and decide to fight the ticket, in court I'd acknowledge your fault and apologize for breaking the law by speeding, explain your emergency, and hope for the best.

In terms of the incident, I hope your child is safe and healthy. I think if I had been in the same situation, I would have done the same. While a ticket is never pleasant, I'd be willing to pay all the tickets and fines in the world to ensure the safety and well-being of my child!

Christine,

I also live in Arizona and received a photo ticket on 10/31 while driving my daughter to the emergency room. I am curious as to whether you decided to contest the ticket, and if so, were you successful? If not, I probably will not waste my time, especially as I understand that the new AZDPS camera tickets do not result in points on licenses. Thanks!

rk1983 said:

Christine,

I also live in Arizona and received a photo ticket on 10/31 while driving my daughter to the emergency room. I am curious as to whether you decided to contest the ticket, and if so, were you successful? If not, I probably will not waste my time, especially as I understand that the new AZDPS camera tickets do not result in points on licenses. Thanks!

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Start your own thread.

Zigner said:

Start your own thread.

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Man! You're just as mean as you were back in June!

I_Got_Banned said:

Man! You're just as mean as you were back in June!

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Thank you...I try to maintain my high standards!