Blogging Affairs Desk

Another Sheltered Day for Photo Radar

Less than a month ago, the Arizona Senate made amendments to photo radar legislation. Most of the additions served as new guidelines in operating photo enforcement equipment, but one may forever change the way Arizona courts convict speeders. Senate amendment to S.B. 1291 reads:

28-1203. Streaming video; use

Any streaming video that results from a photo enforcement system may be used only for criminal investigations and criminal prosecutions.

Prior to this amendment, state courts refused to prosecute criminal speeders based on only photo radar citations. This changes everything. Now the hundreds of photo radar cameras throughout our state are all recording video that under this statute now becomes serving evidence in court. While I do not condone speeding or breaking the law for that matter, this move effectively makes Arizona the first policed state.

There were several other technical amendments as well. Section 2, title 28, chapter 3, article 6, is amended by adding section 28-711, to read:

28-711. Photo enforcement systems: limitation on citation issuance

Notwithstanding any other law, this state or a local authority that has jurisdiction over a photo enforcement system, including a state photo enforcement system established pursuant to section 41-1722, shall cause the photo enforcement system to issue a complaint or notice of violation for a violation of this article only if a vehicle is traveling at least eleven miles per hour faster than the posted speed limit.

This clearly states that the vehicle has to travel 11mph+ over the speed limit. Prior to this it was always a mystery. The amendments also included mandatory reports to the governor every six months starting March 1, 2010. These reports will include related traffic statistics and total monies received from citations. It will be very interesting to see if these reports become public. The state also changed the way enforcement money will be handled. Now 35% of all profits from speeding tickets are appropriated to the law enforcement department for the crime laboratory, filling officer vacancies, and law enforcement officer compensations; with this extra money “the department shall conduct periodic tests on the state photo enforcement system to ensure the state photo system is accurately calibrated.” The senate also mandated that “a photo enforcement system shall not be placed on a street or highway within two hundred yards of a posted speed limit change.” Hopefully this change will help shape the way they enforce local freeways. Arizona is notorious for placing photo radar vans on freeways right after a speed change and collecting hundreds of tickets throughout the day. This might also change some school zone enforcement because many of them have posted speed limit change signs near the photo radar vans.

It’s hard to believe after all the controversy our politicians continue to use, and enhance the photo radar laws.  Not only are they just taking pictures, they are running live video’s that will be legal to prosecute in court.  When did our rights as citizens in a democracy wash away? While few put themselves on the line to fight back, others site back and watch the government run and dictate their sheltered Scottsdale lives.  Without the voice of the people, they will continue to install these devices all over the state, converting Arizona into the first officially policed state.  When will you decide to fight for your rights, when they have a camera aimed at every doorstep?

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