2 Electronic Speeding Tickets in AZ

[polkadott18]

What is the name of your state (only U.S. law)? AZ
I received 2 speeding tickets via electronic camera in AZ. They were 2 weeks apart, but I received them in my mailbox the same day. Allegedly, they were mailed out 11 days apart according to tickets...I responded to both. I have already attended Traffic School for the first ticket to avoid insurance points, but had to pay the $210.00 fee.

The second one I sent in form to ask for hearing request that is scheduled next week. I'm broke. How do I fight this in court? I cannot afford another $210.00, nor insurance points. Is there any AZ legislation saying Electronic/Photo tickets are unconstitutional? Invasion of Privacy? Any other ideas? Thought I'd try something with the mailing issue as I was not informed of first before the second ticket arrived. (Otherwise, I would have slowed down) I was not on a highway, but on an in town barren strip of double lane divided road, and no cars around. I was going 59 in a 45MPH zone. Honestly, at time of tickets, I don’t remember speed signs around, nor signs for upcoming camera. Camera signs are now posted in this spot. I am a very safe driver with 35 years experience.

As an aside, in Traffic School they said that the AZ law now says length you should follow a car is what is "reasonable & prudent". (THAT law makes no sense if you're going 60 and 1 car length behind the one ahead of you…but that’s okay legally) Could I use that law somehow, that I was going a reasonable and prudent speed?? Thanks!What is the name of your state (only U.S. law)?

 

[The Occultist]

What is the name of your state (only U.S. law)? AZ
I received 2 speeding tickets via electronic camera in AZ. They were 2 weeks apart, but I received them in my mailbox the same day. Allegedly, they were mailed out 11 days apart according to tickets...I responded to both. I have already attended Traffic School for the first ticket to avoid insurance points, but had to pay the $210.00 fee.

The second one I sent in form to ask for hearing request that is scheduled next week. I'm broke. How do I fight this in court? I cannot afford another $210.00, nor insurance points. Is there any AZ legislation saying Electronic/Photo tickets are unconstitutional? Invasion of Privacy? Any other ideas? Thought I'd try something with the mailing issue as I was not informed of first before the second ticket arrived. (Otherwise, I would have slowed down) I was not on a highway, but on an in town barren strip of double lane divided road, and no cars around. I was going 59 in a 45MPH zone. Honestly, at time of tickets, I don’t remember speed signs around, nor signs for upcoming camera. Camera signs are now posted in this spot. I am a very safe driver with 35 years experience.

Since you responded to the ticket, it is now a valid ticket.

As an aside, in Traffic School they said that the AZ law now says length you should follow a car is what is "reasonable & prudent". (THAT law makes no sense if you're going 60 and 1 car length behind the one ahead of you…but that’s okay legally) Could I use that law somehow, that I was going a reasonable and prudent speed?? Thanks!What is the name of your state (only U.S. law)?

The posted speed limit is prima facie evidence that you were going at a speed that was not "reasonable and prudent", so that is a path that will not yield fruitful results.

For more information on these AZ photo radar tickets, do some minimal searching on this forum as this has come up quite a number of times.

 

[polkadott18]

Photo Radar Speeding in AZ

Okay, Occultist, You just had to make me work for the info...Although I have responded to the second ticket, and opted for a court date, and "allegedly" received a "Notice to Appear" via First Class Mail, I don't have to appear until they track me down...as it was not certified, registered, etc....

This is per Jeffrey Tonner VS Paradise Valley Magistrate

[3] KeyCite Notes

48A Automobiles
48AVII Offenses
48AVII(B) Prosecution
48Ak351 Charging Instrument; Summons or Ticket
48Ak351.1 k. In General. Most Cited Cases
(Formerly 48Ak351)

Requirement that civil traffic complaint state time and place for appearance before magistrate, and that if person fails to appear, allegations in complaint are deemed admitted, was not inconsistent with rules for service by mail requiring execution of acknowledgment of receipt before service is complete, where the complaint could have been served by any other means authorized by the Rules of Civil Procedure. A.R.S. §§ 28-1073, subd. A, 28- 1076, subds. A, D; 16 A.R.S. Rules Civ.Proc., Rules 4.1, 4.1(c)(3).BLAH, BLAH,BLAH

BIG UPDATE...Having just gone through all the paperwork for the 10th time I "received", 1st ticket-Traffic School- I went to that. Then 2nd ticket- I responded to for court hearing. Second ticket originally had a court date on it a couple weeks ago. Prior to that date I "received" a "Notice to Appear" letter for Ticket #2(via 1st class mail), so I got really confused. I called the court clerk on the phone to ask if I could have a continuance for original court date as it appeared on ticket. The court clerk said "I had to be there" on that ticket #2 date. I did not know at that time that the "Notice to Appear" was the real court date, and I didn't have to show up on the ticket date. The clerk was wrong saying I had to be at court...explicative words coming...
So, I go down to the court house, and they say "not the right day, go on your "Notice to Appear" date"....after waiting in line for over a %&!! hour. I'm frazzled as it is, thinking I'm appearing before a judge and had dressed quite conservatively. (Really, I was the most professional looking person in that waiting room) Then more frazzled, I think I lost the first ticket docs,(found them later as I had left them at home in copier), hoping I can use those as a plea with mailing issues for Ticket #2. I ask the clerk for copies of the first ticket for my defense. I pay for copies and get a receipt. Receipt says Citation#1xyz, that matches the 1st ticket. But being a thorough little doobie, I also ask for a copy of the "Notice to Appear". Soooo, the court computer system actually has a record of me getting a copy of the latter court date, Ticket #2xyz even though the receipt says copies for Citation #1. Am I totally blanked now?

Does this make any sense? Incredible waste of time. If I have to go, can I cry...which I'm ready to do now, or offer community service or plead financial diress (which is true)?