Prepare for a fight both in court and in the legislature if you want to dispute an automated traffic enforcement ticket in Arizona. It's best to talk legal issues over with a local attorney, but some useful observations apply to this type of dispute. Right now there are fights like this in California, Missouri, Florida, Virginia, and Texas. C. Purdy of the Arizona Republic reports that Paradise Valley is refunding $36,000 to 1,000 motorists because of a faulty traffic light. The political climate seems to be changing in Arizona. Legal battles often turn into political battles, and prevailing is a matter of reducing your side's litigation expenses, creating political pressure outside the judiciary, and coordinating political support.
Instructions
Beating Automated Traffic Tickets
1. Inform your political allies that Department of Public Safety Director Halliday has talked of abolishing the system and Governor Brewer is willing to let voters decide, according to J. Hensley of the Arizona Republic.
2. Consult an Arizona attorney.
3. Inform your attorney that now is the time to fight because your opposition is sympathetic to your position. Inform your attorney of the developing body of law in California on this topic (see Resources Section).
4. Time the yellow light you passed through if this is a failure to stop violation. Look for a quick-changing light because that was the problem in Paradise Valley. Compare the light at issue with other yellow lights to determine whether it's a quick-changing light. Rely on this as your primary argument if it is a quick-changing light.
5. Ask your attorney to be prepared to request a stay of the proceedings while the Governor and voters decide whether to abolish the system so that you can learn their legal basis for abolition. Use this stay request if the judge seems inclined to rule against you.
6. Inform your attorney that Moreno Valley, California abolished the cameras on January 26, 2010.
7. Inform your attorney, or the judge if you represent yourself, that a study by the Peoria City Council in Arizona showed that traffic accidents actually doubled because of these traffic lights, and that the court should not enforce a traffic system that is inconsistent with the public safety objective established by the legislature. Rely on this as your secondary argument.
8. Inform your attorney or the court that a San Diego court threw out 300 similar automated tickets in People v. John Allen (Superior Court of San Diego, 2001). Ask your attorney to present similar arguments or present them yourself.
9. Ask your attorney to confirm whether under Arizona law, the state must personally serve you with the traffic ticket within 120 days of its filing or the court will dismiss.
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