Why Photo-Radar Is Inappropriate in Arizona
Posted By John Moore on January 13, 2009
Note: This started as a twitter discussion with fellow Arizona blogger “Vox.”
Click here for more on AZ photo radar.
Photo-radar can easily be thought of as an efficient way to enforce speed limits (and other safety rules).
Unfortunately, it isn’t used this way.
The ticket charges for photo radar are more than for an officer issued ticket! This hardly squares with a more efficient enforcement scheme.
Rather, photo radar results a payoff to the company which operates the system, which gets a cut of every ticket! This, in other words, is pure corruption
Photo radar is a tool for extracting money from the public and paying off the contractors, while hiding behind the motivation to improve safety.
Four factors make it especially onerous
- The government is making a profit from law enforcement. That is very dangerous to civil liberties. You can now be ticketed by photo radar for having a license plate frame that covers the word “Arizona” on your license plate. Safety? The state of Arizona will issue a photo speed ticket that does not go on your license or to your insurance company – a clear program to extort revenue by getting you to pay rather than risk those penalties by fighting.
- The speed limits are often too low, as measured by highway engineering standards and recent federal studies. They are set for revenue or political reasons, not safety.
- The photo radar does not take into account road conditions. It is a dumb robot, which issues tickets even for legal speeds (in Arizona, up to 20MPH above the posted speed limit), whether conditions are dangerous or the roads are empty and the weather good.
- This kind of speed enforcement causes drivers to use an artificial indicator – the speedometer – rather than their observations to determine a safe speed. It distracts drivers and goes against human nature. It makes us DRIVE ON INSTRUMENTS.
Some facts:
- In Arizona, it is legal to drive up to 20mph over the speed limit if conditions permit (with some reasonable exceptions.
- Traffic engineers have many studies showing that the correct way to set a speed limit, in most cases, is to measure how fast people drive without a limit, pick the 85th percentile speed, and round it up to the nearest 5 mphs. Speeds lower or higher than this are not optimal and often more dangerous
- In city traffic, the difference in speeds between vehicles is more of a cause of accidents than the absolute speed. Thus when some people are constrained by artificially low speed limits while others are driving at the natural (85th percentile) speed, accidents are more likely.
- In Arizona, a speed of less than 20 mph over the speed limits is not a criminal offense. Thus the courts do not start with a presumption of innocence. You are guilty until proven innocent.
Why do you need to go faster than the speed limit?
That’s like asking “why do you need a gun” or “why do you need a car?”
A better question is: why should an arbitrary speed limit be imposed on the populace?”
My experiences:
I live on the Town of Paradise Valley. I have received two of these obnoxious tickets.
In both cases, it was a bright clear day, with no traffic on the four lane divide road. I went the “natural” speed, which turned out to be 12 mph over the (artificially low) limit. A police officer probably would not have issued a ticket, and it could have been beaten in court on the grounds that the speed was reasonable (again, Arizona law).
My driving was safe – I just made the mistake of not “driving on instruments.”
I just had my photo taken at 1238 am on 2/14/2009 traveling west on 1-10 near Sarvial road. My cruise control was set 5 over the posted 55 mph. I starred at the photo van on the side of the road and to my surprise; I had my picture taken for going 5 mph over the speed limit. I thought it was 11 mph over the limit, so why did I get my photo taken. My wife had the same thing happen to her as well, 5 over the limit. Driver’s are getting the message and are slowing down, and that is upsetting DPS and now they have lowered the speed limits and forgot to tell anyone about it. If I get a ticket in the mail, I will schedule the first court hearing and argue this issue.
Is there anyone else out there with similar problem?
Let us know if you actually get a ticket. Also check your speedometer calibration. I use a GPS these days – with all these radars you have to “drive on instruments.”
http://camerafraud.wordpress.com/
02-21-2009 I was traveling south on the 51, set my cruise control to 61 in a 55, I saw a flah go off, from behind, i didnt think it was me, but a min or two later traveling same speed unchanged Another flash and this time I think it was me, it was bright and in my face, This is at 630 am on a sat morn with hardly anyone on the road. I too thought the cameras were set at 11mph over. I made sure I was no where near that. I would have to had been going 66…there is no way….if I get a ticket or tickets, I am also going to fight them. They shouldnt give us a false since of security of saying the cameras are set at one number of 11 miles over if they arent. How often do these things get calibrated any way….Once a month???? Any one else have this happen to them. 11 Miles an hour over?????? Or Not???
I got flashed today by PV, and I was certainly going well under 11 over – I checked the GPS as soon as it flashed, and the GPS is far more accurate than the radar.
Hmmm….
The same thing just happened to me about 25 minutes ago, I was traveling southbound on Tatum Blvd. heading towards Lincoln. I was going 44 mph in a 40 mph speed zone, there were absolutely no cars next to me, and the radar van clearly flashed the front and rear of my car. I asked my roommate and he told me that the same thing has happened to him several times and it is just the radar re-calibrating itself. I am not too sure how much I believe this, any ideas?
The radar has no way of recalibrating itself. It is possible that they were testing the camera. More likely, they are trying to scare people, or are really issuing tickets. My experience was right where yours was, except northbound.
What was the outcome of your situation John?
Nothing so far.
Hi there,
I received a speeding ticket in the mail from DPS a few days ago. The “photo radar camera” stated that I was going “approximate” (their actual words – not mine) 67 in a 55 mph zone at I-10 and the 12th street exit area.
I remember this area of the freeway when I was driving on a mid-morning Sunday with average traffic, and there is NO WAY that I was going that fast, even thought I cannot prove it, unless I have my speedometer checked.
I have never received a speeding ticket in my 22 years of driving and this really frustrates me!
Question No. 1:
The ticket states “approximate” speed.
Define “approximate”
I looked up “approximate” in Merriam-Websters Dictionary:
“Nearly correct or exact”
If I am correct on this, the photo radar machine isn’t perfect, but “near” perfect, in calibrating the speed of a car.
This tells me that it can – and will – produce “errors” on calibrating a cars speed.
What I am planning to do is have my car’s speedometer checked for correct calibration. If my car was truthfully going slower than what the photo radar camera stated, then I am going to fight the ticket – $185.00.
Can anyone tell me if I may have a chance of fighting this ticket – if I have documented evidence in regards to the speedometer calibration check? Has anyone been through a similar situation?
Question No. 2:
The photo radar camera states that I was speeding.
However, if I pay the ticket, I will not earn any points on my driving record, because it will not be reported to ADOT. Also, my insurance will not increase, because there is no record of the ticket. I read this statement from the DPS photo radar website.
So, in reality, I’m NOT guilty of speeding! Right?
BUT, if I decide to fight the ticket, and lose, THEN I will have a record AND my insurance will increase!
Does this make any sense?
In my own opinion, I feel this is an illegal act DPS is pulling, and wondering if there are any open or pending court challenges, regarding DPS photo radar?
Please share your thoughts, as I am very interested in hearing them!
Thanks for allowing me to tell my story and expressing my opinion.
Have a wonderful day!
Unfortunately, since they claim you are 12 miles over, you almost certainly were exceeding 55. The radar is really pretty accurate. Also, because it is not a criminal citation, you don’t have criminal defense rights when you fight it – they only have to prove a preponderance of evidence, not “beyond a reasonable doubt.”
As for you second point, it shows that the program is purely for profit making. Furthermore, if they put points on your license for not paying, it is even more mind-numbing! It means that lack of paying changes speeding from a non-offense to an offense. Huh?