Eddie's Day in Court

[Eddie44]

Most of you know that I received a photoradar ticket for 61 in a 50 at 120 st and Shea in Scottsdale. For those of you that don't know, Scottsdale cites at 11 mph over the limit. This offense occurred on a sunny Sunday afternoon.

Well, today was my day in court. When you arrive you are meet by a Civilian Employee of the Scottsdale Police Dept. This person shows you the "States" case. She showed me all of the photos alog with a graph that demonstrated what speed all the traffic that day was going. I stopped her and advised I was not contesting their equipment or my speed. I was simply exercising my rights. She asked if I was traffic school eligible and I advised I was. She then asked why I wasn't going to school. I said "principle, I don't believe my speed was unreasonable or imprudent".

When the Judge comes in she first had the State present their case. The young lady advised I was clocked at 61 in a 50 on a Sunday at 2 pm and the state has determined that to be unreasonable and imprudent due to a church and school located at 124th St. and Shea. She went through how they identified me as the driver, etc.

When the State rested their case I presented my case. I first gave a statement letting the court know that I was not disputing the speed and I was not questioning the equipment.

I then went into my background and the fact that I had written hundreds of these citations during my LE career. I explained that anytime I wrote a speeding citation I considered a number of factors including, day of the week, time of day, weather, traffic conditions, access to the roadway, driver condition and vehicle condition. I then went one by one through those items and how they pertained to my situation.

I presented an aerial google map of the area showing the roadway was divided with extremely limited access. I then presented copies of road tests from Car and Driver showing the stopping and handling of the Z51 Corvette and compared them to tests of the Honda Accord and Ford Taurus. I pointed out that this was not a "everyday vehicle" and that it had active handling, traction control and ABS brakes.

I pointed out that I had been through Phoenix PD's defensive driving school not once but twice. I explained that in that course they teach accident avoidance techniques along with defensive driving skills.

I explained that I had been pacing the two vehicles pictured in front of me since almost Fountain Hills and they had been doing 8-12 mph over the limit the entire distance. The State confirmed that fact with their graph. It showed them at 9-10 mph over the limit.

I then fired what I believe to be the winning shot. I explained that the State had indicated in their testimony that my speed was unreasonable and imprudent because of the Church and School located at 124th St. yet I wasn't cited for speeding at that location, I was cited at 120th St.

The Judge actually pulled out her copy of AZ Rvisited Statutes and read the code I had been cited for. She then advised that she had considered all of the evidence in this case. I thought okay here it comes, she's going to let me down gradually. She then replied that I had presented an excellent case and she was finding me "not responsible" for the violation. For the uneducated that means I was NOT GUILTY of driving at a speed that was unreasonable or imprudent.

Now for the disclaimer. This case is not the usual type of photoradar situation. First I was only doing 11 over and it was on a slow Sunday afternoon. In my opinion Scottsdale has made a poor choice of locations for this camera as the area if a divided highway with limited access.

Also I would warn anyone wanting to fight their ticket by saying you have to do your homework and you have to produce evidence for the court. Don't think you can walk in and say "your honor I'm not guilty of what they claim" and be found not guilty.

Anyway, I'm

Edit: I did get a little smile and a look from the Judge when she saw the picture of my "2EZ2SPD" plate. I just smiled and chuckled.

[Marana Rich]

Way to go Ed. Details, details, details, nice job on the homework and the presentation.

I just finished my jury duty, and the professionals could have used your help in preparing their case.

[Guest Mikey]

Very interesting Eddie. I live near that location and guess they put the photo device there to raise money. Of course my Valentine One doesn't warn me since it's detector loops in the asphalt instead of radar.

[Robert and Elizabeth]

Congratulations Eddie!!!!

I knew you had a lot of "evidence" in your favor so I had a feeling it was going to "go your way".

I'll bet that your case will be one the judge will never forget and will be one of those stories she will tell later on to her buddies.

E~

[Big Poppa]

Dude, huge high five!!! Way to go. I've only ever beaten one ticket in court on bringing evidence to my side of the equasion, and it was a failure to yield ticket, which is far more subjective.

Good on ya mate...

[Guest 7]

Excellent job Eddie! Whew!

[3,503 lbs of trouble]

Congrats Eddie!! I knew you could do it!

[Loud Pedal]

Way to go Eddie!

[anmracing2]

Way to go Eddie! Congrats!!!!

Andrew

[Ted Y]

Very nice job. As your attorney, I'll send you my fee.

I hate the photo radar... It is clearly a money making scheme and they have no idea about enforcement by placing their van at that location.

[Bigfoot]

You are the man Eddie. You are now officially the ACE go to guy on this topic! : :

[P51tj]

Congrats Eddie!

[Scratch]

Nice...afterall, you are a expert witness

[Eddie44]

Nice...afterall, you are a expert witness

Yeah, I have certainly testified a ton of times on the other side but it was strange being on the defense though.

[GarAB13]

HIGH FIVES to ya Eddie, NICE job!

[TEXAZC6]

Nice job Matlock,

[Scratch]

Nice...afterall, you are a expert witness

Yeah, I have certainly testified a ton of times on the other side but it was strange being on the defense though.

I just recently had to go testify on behalf of the State, a case pending brought on by Phx PD...what a mess. Another story in itself

[1EVLC7]

WTG Eddie!

[Desertdawg]

Congrats Eddie!!!

On a side note, I think the one I told you about with the daughter is going away because of the POBox address!!!!!

[Guest 1FASTC4]

Well done, sir!

I have a hunch your winning shot was

during my LE career

heheheh

Your entire argument seems artfully presented... congrats!

[Guest Sidewinder]

NICE!!!

[GOLDCYLON]

Most of you know that I received a photoradar ticket for 61 in a 50 at 120 st and Shea in Scottsdale. For those of you that don't know, Scottsdale cites at 11 mph over the limit. This offense occurred on a sunny Sunday afternoon.

Well, today was my day in court. When you arrive you are meet by a Civilian Employee of the Scottsdale Police Dept. This person shows you the "States" case. She showed me all of the photos alog with a graph that demonstrated what speed all the traffic that day was going. I stopped her and advised I was not contesting their equipment or my speed. I was simply exercising my rights. She asked if I was traffic school eligible and I advised I was. She then asked why I wasn't going to school. I said "principle, I don't believe my speed was unreasonable or imprudent".

When the Judge comes in she first had the State present their case. The young lady advised I was clocked at 61 in a 50 on a Sunday at 2 pm and the state has determined that to be unreasonable and imprudent due to a church and school located at 124th St. and Shea. She went through how they identified me as the driver, etc.

When the State rested their case I presented my case. I first gave a statement letting the court know that I was not disputing the speed and I was not questioning the equipment.

I then went into my background and the fact that I had written hundreds of these citations during my LE career. I explained that anytime I wrote a speeding citation I considered a number of factors including, day of the week, time of day, weather, traffic conditions, access to the roadway, driver condition and vehicle condition. I then went one by one through those items and how they pertained to my situation.

I presented an aerial google map of the area showing the roadway was divided with extremely limited access. I then presented copies of road tests from Car and Driver showing the stopping and handling of the Z51 Corvette and compared them to tests of the Honda Accord and Ford Taurus. I pointed out that this was not a "everyday vehicle" and that it had active handling, traction control and ABS brakes.

I pointed out that I had been through Phoenix PD's defensive driving school not once but twice. I explained that in that course they teach accident avoidance techniques along with defensive driving skills.

I explained that I had been pacing the two vehicles pictured in front of me since almost Fountain Hills and they had been doing 8-12 mph over the limit the entire distance. The State confirmed that fact with their graph. It showed them at 9-10 mph over the limit.

I then fired what I believe to be the winning shot. I explained that the State had indicated in their testimony that my speed was unreasonable and imprudent because of the Church and School located at 124th St. yet I wasn't cited for speeding at that location, I was cited at 120th St.

The Judge actually pulled out her copy of AZ Rvisited Statutes and read the code I had been cited for. She then advised that she had considered all of the evidence in this case. I thought okay here it comes, she's going to let me down gradually. She then replied that I had presented an excellent case and she was finding me "not responsible" for the violation. For the uneducated that means I was NOT GUILTY of driving at a speed that was unreasonable or imprudent.

Now for the disclaimer. This case is not the usual type of photoradar situation. First I was only doing 11 over and it was on a slow Sunday afternoon. In my opinion Scottsdale has made a poor choice of locations for this camera as the area if a divided highway with limited access.

Also I would warn anyone wanting to fight their ticket by saying you have to do your homework and you have to produce evidence for the court. Don't think you can walk in and say "your honor I'm not guilty of what they claim" and be found not guilty.

Anyway, I'm

Edit: I did get a little smile and a look from the Judge when she saw the picture of my "2EZ2SPD" plate. I just smiled and chuckled.

Congrats, So Eddie what would you do if the citation has your license plate number listed wrong. An I vs. a 1 For instance?

[Eddie44]

Congrats, So Eddie what would you do if the citation has your license plate number listed wrong. An I vs. a 1 For instance?

If it was a photoradar ticket they have to run your plate thru MVD to get mailing info. If they had the plate wrong they wouldn't find your info.

If it was a ticket written by a cop in person I don't see any court find that to be a serious enough error to void the citation. It's a common urban myth that any error will void the ticket. The ticket can be amended in court if necessary.

[GOLDCYLON]

Congrats, So Eddie what would you do if the citation has your license plate number listed wrong. An I vs. a 1 For instance?

If it was a photoradar ticket they have to run your plate thru MVD to get mailing info. If they had the plate wrong they wouldn't find your info.

If it was a ticket written by a cop in person I don't see any court find that to be a serious enough error to void the citation. It's a common urban myth that any error will void the ticket. The ticket can be amended in court if necessary.

Eddie PM sent. Thanks Daryll

[Eddie44]

PM answered!

Eddie