
The greater Phoenix metropolitan municipal government, in its infinite wisdom, has decided to post speed traps throughout the valley to catch motorists exceeding the posted speed limit. I found this out the hard way when my friendly postman delivered my mail the other day.
The way it works is that hi-speed cameras are posted at designated areas with laser/radar guns. When your speed registers above the posted limit, the cameras take pictures of both your license plate and you the driver. Using the DMV database, a ticket is mailed to you with copies of your picture and a request to pay a fine.
The last speeding ticket I received was when I was in high school -- until this past week, when I was notified that I was being cited for speeding on I-10 in Mesa, Arizona, during my visit to family in the area. The speed limit was 55MPH and I was going 66MPH. It was NOT a construction zone (which begs the question as to why in the heck would the speed limit be only 55MPH on a multi-lane federal freeway???).
I am a Californian that lives in Orange County. Anybody living here knows that the speed limit here is more of a suggestion than a law. NOBODY here drives the speed limit (it is 65MPH everywhere in the city, 70MPH in the boonies). To keep up with the flow of traffic, you must go about 80MPH. I have passed highway patrolmen here going 75MPH. Nobody cares. So the fact that I was going 66MPH in Arizona shows my sincere attempt to obey the posted speed limit (I actually thought the speed limit was 65 until I received my ticket). They want to collect $175 from me.
The thing that bothers me most about this is that I didn't recall seeing any signs of photo enforcement in the area. Furthermore, I believe I should have the opportunity to explain myself to an officer and be confronted by a real human being. Or at least tell me that photo enforcement is in place. Plus, give me a break - 66MPH is nothing. Save the tickets for the real lawbreakers that speed down the freeway at 90MPH -- the ones with the whale fin on the back and the cherry bomb mufflers.
After considering my dilemma, I have applied probabilities to a variety of outcomes to determine the shortest time and money needed to make this go away. I have come up with the following two scenarios: If the ticket allows me to take online traffic school to avoid getting this on my driving record and reporting it to insurance, I will pay it. The time it would take me to contest this is worth more than the money needed to make it go away. However, if online traffic school is not an option, I will contest this ticket since I have little to lose, and the incremental cost to my policy over time plus the cost of the ticket would make it more expensive than the time it would take me to contest the ticket. It's a purely economical decision. Now read what my defense and approach is when I actually contest this ticket:
1. They sent me a letter asking me to respond by a certain date if (a) I am in the driver in the picture or (b) if I am not the driver in the picture, provide them the information and identity of the driver so another ticket may be sent to the appropriate driver. They are looking for a resopnse so they can prove in court that I had been "served" my ticket. Since I am obliged to respond, my choice will be (c) none of the above. Because the picture they sent is of poor quality, I will notify them that I am unable to determine who the driver is (whether it is me or somebody else) based on the picture, nor can I specifically recall that I was at mile marker whatever on I-10 in the date in question.
2. If after reading my response they continue to cite me, I will request a hearing in court. It will likely be a few months away. As the date approaches, I will request the manufacturer information of the equipment used to identify my speed, the specifications of the camera equipment used. I will do this because that equipment needs to be maintained and calibrated every so often. Then I will request the maintenance records of the municipality. I will then prepare an argument that since the equipment was not maintained exactly in accordance with the manufacturer's specifications, and given that the equipment has a posted margin of error, the speed I was cited for is inconclusive and cannot be relied on for my citation.
3. When the court date is about to arrive, I will request to postpone the date because I will be out of town, cannot make it to Arizona to appear, whatever. That will give me a few more months to let this fester. After I postpone it a couple of times, it will likely be upwards of a year since the original ticket was issued.
4. When I show up to court, the ticketing officer will need to be there. The burden of proof is on the city -- not on me. More often than not, the officer will not show up because (a) it's not worth the effort for a $175 ticket, as it would cost more to go to court to collect the money than it would to just let it go, or (b) the officer has since transferred to another department, moved, whatever, and is no longer available to appear in court, or (c) simply will not remember, recall, or have researched the matter and will not want to put forth the effort to appear so he won't show up. If the officer does not appear, my case will be dismissed. If on the off chance the officer does show up, I will present my evidence to the court stating that the picture does not clearly identify me as the driver and is inconclusive, the maintenance of the equipment cannot reasonably be relied upon, and ask that my clocked speed and photo not be admitted as evidence.
Hopefully my experience will serve as caution to any "foreigners" visiting the great state of Arizona. Not only do I not like Arizona for the heat and arrid, ugly countryside, but now I have another reason to hate going there. I'm telling you, if it weren't for family, I'd be fine never stepping foot in that brimstone-laden state again. If you have any suggestions to further solidify my approach or defense, let me know.