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traffic77777
traffic77777, Attorney
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Experience:  Attorney
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I received a photo enforcement ticket from the City of El Mirage,

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I received a photo enforcement ticket from the City of El Mirage, AZ in the mail today showing that I was driving 59 MPH in a 45MPH limit on State Hwy 60 on March 25. It is now April 24. The photo shows another vehicle right beside me about 1/2 car length. The fine is for $232. I do not remember seeing any warnings about speed cameras on Hwy 60 (Grand Ave. ) I have not had a traffic ticket for over 50 years of driving. I thought the State of AZ outlawed these invasive cameras. Keeping up with the traffic flow seems to be safer than going slower than others travelling the same direction. I think the city of El Mirage is using this system to collect revenue for a failing City administration. Do I have any recourse to this extraordinary fine? The state fines were typically $181. Thanks for your help.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  traffic77777 replied 2 years ago.
Let me try to help you here. You are right in a sense those cameras are a revenue racket for the municipalities but there is something you can do. Plea not guilty, show up to the hearing and testify that you were within the speed limit and the real speeder is the car photographed next to you. Since there will be nobody to testify against you otherwise, the judge will have to give your word a lot of weight, especially if you have a clean driving record. If that does not work, traffic school will help you dismiss the ticket.
Customer: replied 2 years ago.
The car next to me in the photo was 1/2 car length behind me, so I suppose they could say I was passing him! This whole procedure seems to be very invasive to privacy. I usually drive on cruise control to make certain I stay within the speed limit, but I don't know in this instance if that was the case. If I opt to attend driving school will that dismis the fine? Both my wife a I took "55 Alive" driving school just last fall.
Expert:  traffic77777 replied 2 years ago.
They can't simply "say" you could've been passing him, the state has a burden of proving it by “preponderance of the evidence” standard. If the state, as the plaintiff, shows that the preponderance of the evidence (in other words, the greater weight of all the evidence) demonstrates it is more likely than not that a violation was committed, the state wins. If the evidence does not demonstrate this, the defendant wins. Now, the photo is a static image where there is no way of telling who was passing whom. If you were in the left lane and testify you don't remember whether you were on cruise control within the speed limit, it might be more likely than not that you were going faster tan the other car, so the state might be able to satisfy the preponderance of the evidence burden. If you recall that you were on cruise control within the speed limit, there will be no evidence to suggest otherwise, so the state is much less likely to be able to carry out its evidentiary burden and there is a higher likelihood that you will win. Arizona state law allows you to dismiss one traffic ticket in 24 months by taking a driving safety course. I am not certain that 55 Alive would be an approved course for that. More info on traffic schools here: http://www.azcourts.gov/driveschoolinfo/Home.aspx

traffic77777, Attorney
Category: Traffic Law
Satisfied Customers: 339
Experience: Attorney
traffic77777 and 10 other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.
Your Suggestion to go before the Judge and refute this traffic citation
appears to not be a good idea. From what others say that have tried this
approach they have not been able to get any relief from the court- Suggest
that it is a bad idea. These people in El Mirage have set a "speed trap"
and all they want is money. If someone wanted to do something, thay would
get the State to pass a law to prevent local jurisdictions from stealing
money with traffic cameras. The State of AZ has outlawed them on
freeways!. Hope this helps!
Customer: replied 2 years ago.
I have to say that your answer was a waste of money for me. You advised
going to court and everyone I talked to (and there were many) said I didn't
have prayer of overcoming the fine! The City of El Mirage has a speed trap
and they just want the revenue, it's not about public safety! M. Irwin
Expert:  traffic77777 replied 2 years ago.
Request a refund and you will get your money back

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