Monday, April 26, 2010

Arizona Photo Radar

Initially, I was in favor of Arizona's Photo Radar system of traffic control, I didn't see the big deal, I figured if you don't like it just don't speed and you won't have to worry about it.  Then I got ticketed.  I was driving down a local freeway (SR51), I assumed the speed limit on the freeway was 65mph as it is on most of the local freeways, I was wrong, apparently there is a small stretch of the highway where it dips down to 55mph and of course that's where they put the damn camera.  I got the ticket in the mail a couple weeks later, they had a nice picture of me and it said I was going 68mph in a 55mph range.  The ticket was for $181.50.  I was irked, the camera location reeked of a speed trap, had the speed limit been 65mph I would have been well with in the 11mph cushion they had publicized (they are only ticketing people going at least 11mph over the speed limit).  Yeah, yeah, I know, I was still going over 65mph but if they are going to publicize the limit as being 11mph over the speed limit that becomes the defacto speed limit.   So now my options are:  1) pay the ticket, 2) fight it in court, 3) ignore it.   I'm choosing to ignore it, according to Arizona law the ticket is not valid unless it is personally served to you and receiving a ticket in the mail does not meet that criteria.

See the next page for details.


Here's the deal, Arizona has what's called the 120 day rule, that means unless the ticket is personally served to you within 120 days you are free and clear of paying the ticket.  Many people don't realize this and just pay up, many more people though are realizing this (and in great numbers) and are not paying.  The only downside appears to be the fact that if they do personally serve you they tack on an extra processing fee of $20-30.  I'm taking that chance.   I will not be answering the door for anybody unless I am certain that I know who it is.  The only question is when the 120 waiting period begins.  From my research it does not being on the date of the incident, or the date they send the violation notice but rather from the filing date of the court (you can verify the date via a search of the court's website, be careful not to pull up the website of the enforcement agency listed on the violation notice though as that will act the same as having been personally served).  My filing date was approximately 60 days after the actually ticket date, so if I add in the 120 day waiting period the whole process to be clear of the ticket is closer to 180 days (that's approximately 6 months), still it beats paying the ticket.  

What an ordeal just so that the state can make a few bucks.  I am now avidly opposed to Photo Radar in Arizona and would love to see it just go away.  I highly recommend everybody read up on your rights and do whatever can do to get rid of these damned things.

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