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AZ Speed Camera Violation - I have a legitimate contest argument, but do I need bothe

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TechieInAz

Junior Member
I live in Phoenix, AZ.
The other day I got a violation notice for going 68 in a 55mph speed zone. I actually remember that incident (mostly because of the blinding flash) and I was surprised because I thought I was going 65 (which is default highway speed limit in AZ). About a mile later I saw the posted speed as being 55mph, but I could have sworn I never saw a 55mph sign before I got flashed.

Well when the violation arrived, I traced back my drive getting on the ramp and onto the freeway towards the cameras where I got flashed. Sure enough there wasn't a single posted speed limit sign until -- and this is true - AT THE EXACT LOCATION OF THE SPEED CAMERA. In fact the speed limit sign was in between the front and back cameras.

So I wouldn't have known that particular stretch of freeway was a 55mph until I have driven through the camera and by then I would have gotton the ticket anyway. Ironically I didn't even see that particular speed sign because the flash of the cameras momentarily blinded me (another safety hazard due to the cameras).

I was thinking if I have to go to court, I can get a friend to videotape the drive up through the ramp and to where the speed limit sign and cameras are. I can't imagine a judge letting this violation stand after viewing such video.

So here's the question:
1- Should I even bother respond to this. I read that a violation send by first class mail in AZ essentially counts for nothing.
2- If I decide to respond and end up in a court, what should my strategy be and how can I admit this video into my defense.

Thanks,

btw if you know phoenix, this happened on East bound I-17 just after the onramp from 12th street

What is the name of your state (only U.S. law)?AZ
 


The Occultist

Senior Member
1- Should I even bother respond to this. I read that a violation send by first class mail in AZ essentially counts for nothing.
Once upon a time, this was true, but AZ has changed things so ignoring this citation is NOT in your best interest.

2- If I decide to respond and end up in a court, what should my strategy be and how can I admit this video into my defense.
A posted speed limit takes effect at the place of the sign. This means that you need to slow down to the proper speed BEFORE hitting the sign; passing the sign and then letting of the gas is not legally acceptable. Had you been going 55 when you hit the sign the cameras would not have flashed on you for speeding.

If you plan on fighting this, do so with the aid of a traffic attorney. Local attorneys know exactly what the courts like to hear, and as such provide the highest potential for yielding the most favorable results. Many attorneys will offer free/cheap consultations, so take advantage of that and sit down with a couple to see what insight they may have to offer.

Little hint, which doesn't help you now, but those cameras on the 17 and the 101 won't actually go off if you're going 9mph or less above the limit.
 

TechieInAz

Junior Member
A posted speed limit takes effect at the place of the sign. This means that you need to slow down to the proper speed BEFORE hitting the sign; passing the sign and then letting of the gas is not legally acceptable. Had you been going 55 when you hit the sign the cameras would not have flashed on you for speeding.
That's right, but after posting my original message, I remembered another detail. All other cars on the freeway at that time were doing 65 or more, and in fact that particular camera was working overtime. It must have flashed 6 or 7 cars within the span of a few seconds. Whenever the cameras flashes it essentially renders the speed limit sign invisible, so I definitely wouldn't have been able to see the speed limit sign.

And that is my point, between getting on the freeway and passing that speed limit sign, I couldn't have possibly seen the speed limit sign. [ironically because of the presence and activity of the speed cameras]
 
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The Occultist

Senior Member
If that is the absolute truth, I'm afraid I'm not sure if that will work out for you (I've never sat in on any cases related to photo-radar, so take this with a grain of salt). I'm not sure that there are any other AZ posters here (that reminds me, does anybody know what happened to FairIsFair??), so I'm afraid I can only stick to my original advice of sitting down a couple of traffic attorneys.
 

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