28-4036.2
A person who is subject to the financial responsibility requirements of this article and who operates or causes to be operated a vehicle in this state without meeting the financial responsibility requirements of this article is guilty of:
A class 1 misdemeanor if the vehicle is involved in an accident in this state.
You know you can quote statutes out of context, and although it might slip by on here and might make your argument “there was no accident so I'm home free” sound legally viable, chances are that little trick will not work in court...
Here is what 28-4036 says:
28-4036. Violation; classification
A person who is subject to the financial responsibility requirements of this article and who operates or causes to be operated a vehicle in this state without meeting the financial responsibility requirements of this article is guilty of:
1. A class 3 misdemeanor.
2.A class 1 misdemeanor if the vehicle is involved in an accident in this state.
To me that says that if no accident was involved, then subsection “1” would apply. Now, whether your showing valid proof that you were insured at the time you were cited will help you or not, I don't know... That would be up to the judge.
I was clocked at 25 but he didn't say where
Your citation should show the “location” of the infraction... That should give you an idea as to whether you were in the reduced speed zone or not when he clocked you.
No it doesn't prove anything
Exactly...
but what proof does he have that I was?
Uhm... The reading he got from his RADAR gun!!!
My point would be to show a sign doubt of his importance of pulling people over when there is no kids around and yet when he should be watching out for speeders with children present he is yakking away on the phone..
Regardless of what he was doing and when, unless you can somehow prove he was
yakking (sic) on the phone while you committed the alleged violation then you're not proving much in the way of your non-guilt!
I was planning on subpoena all the tickets he wrote in the last 30 days and what time at that spot if he is nailing more people when school is in session when there are no kids out it shows a pattern that it easier to get speeders when no kids are around then when there is because people are more cautious.
Again... When, where, why, or how he cited other people proves nothing as far as your violation is concerned. You could subpoena his medical records, his credit report and copies of his birth and/or marriage (if he is married).... Assuming you get any of those documents, none of them would even begin to give you a glimmer of hope that his measurement was invalid or incorrect, and therefore, you would have wasted your time, the court's time and yet you'd still be found guilty!
I know sounds weird but in my mind it makes sense.
You're more than welcome to give it your best shot... Just keep in mind that unless you somehow refute his testimony that you were speeding, then more likely than not, you're going to lose!
OK how do I prove my innocence when I honestly don't know if I am guilty?
….
What would you suggest?
I've answered that in this post... He testifies that he measured your speed at 25mph in a 15 mph zone.... Present the court with proof that you were driving at below the 15mph limit.... Other than that, you are grasping at straws and spinning your wheels....
I understand the degree for the state in a civil case to prove my guilt
is not as strong as it has to be in a criminal case.
Honestly, I don't know if AZ handles traffic infractions as civil matters (preponderance of the evidence) or as criminal matters (beyond a reasonable doubt). In any case, the only way I can see you prevailing here is by you attacking his testimony and his evidence rather than arguing irrelevant side issues like the validity of other citations, his attentiveness 20 minutes AFTER he cited you.... etc.
I mean can I use "well your honor there was no accident although I was sited for it if he made a mistake how do I know that he didn't make a mistake with my speed?
Read the top of this post and you'll see why the “there was no accident” argument doesn't hold any water..
Oh, and by the way, I couldn't find an ARS 9797F, (the AZ State Legislature website – > here:
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=28 only lists codes up to 28-9402) and without reading it for myself..... Well, I would rather not comment on that part.
Good luck!