Archive for January 29th, 2009
Second Arizona Jurisdiction Rejects Speed Camera Tickets
Maricopa County, Arizona judge cancels all speed camera tickets issued within his jurisdiction.
Another Arizona jurisdiction has joined Pinal County in refusing to accept photo radar ticketing. Arrowhead Justice Court Judge John C. Keegan in December issued an order declaring the state’s freeway photo radar program unconstitutional. Since then, Judge Keegan has torn up at least 400 state-issued tickets because these tickets carry penalties that differ from those issued by a live police officer.
“The clear meaning of these provisions of the Arizona and United States constitutions is that it is unconstitutional to create one set of laws that applies only to a particular class of defendant and not to other defendants based solely on the mechanism employed by the government,” Keegan ruled. “Given the not uncommon set of circumstances where two drivers are traveling on the same highway, at the same speed in excess of the speed limit, at the same time, in essentially the same location and are cited by the same agency into the same court, [the freeway photo radar statute] ARS 41-1722 creates a distinction whereby one class of defendant is subjected to a significantly different array of penalties than another class of defendant based solely on the use of photo enforcement.”
Keegan is an elected justice of the peace for Maricopa County. His court has jurisdiction over north Glendale, Peoria, Sun City and Surprise. Any driver contesting a freeway speed camera ticket within this jurisdiction will have the $181 fine automatically dismissed.
“It is the determination of this court that the provisions of ARS 41-1722 are unconstitutional and unenforceable within the jurisdiction of this court,” Keegan concluded.
Keegan was an Arizona state representative in 1991 when residents of Peoria voted by a two to one margin to eject speed cameras from the city. Keegan later was elected Peoria’s mayor, a post he held until 2007. The statewide speed camera program operated by Redflex currently has the authority to issue photo radar tickets in Peoria on the Loop 101 freeway, despite the public’s strong opposition. CameraFraud.com’s Tucson affiliate praised Keegan for taking a stand.
“Finally, a judge with common sense who follows the Constitution,” wrote CameraFraud Tucson organizer Bill Conley.
View the full text of the court order in a 125k PDF file at the source link below.
Source: 
In the matter of traffic citations (Arrowhead Justice Court, Arizona,
Finks send letter to Attorney-General Michael Atkinson
POLICE are wasting $3 million a year policing a bikie club “made up of grandfathers, union members and gainfully-employed people”, the Finks have claimed.
In a letter to Attorney-General Michael Atkinson, the outlaw group says it is “not in the public interest” to spend time and money banning their organisation “whilst other areas of (the police) are seeking additional men and equipment”.
It says the Rann Government’s push to impose criminal sanctions on its membership is based on incorrect and misdirected evidence – some of it decades out of date.
The club today released its reply to the government’s application, under the Serious and Organised Crime (Control) Act (2008), to “declare” the Finks and control its members.
The application, made in December, alleges 42 current and six former members of the club have engaged in serious criminal activity including rape, robbery with violence, endangering life and the sale of drugs.
In its reply, obtained by AdelaideNow, the club says it exists to promote “interest in motorcycles of either British or American make”.
It says it has 35 members – five of whom are grandfathers – none of whom have ever been declared bankrupt.
“The information supplied … from SAPOL is incorrect,” the letter says.
“Persons who have been attributed offences of violence were not members of the club at the time of the offence (or) are no longer members, or have not been members for decades.
“Indeed, some of the persons the police refer to would be either deceased or on the aged pension.”
It says some of the crimes the Government mentions to “prove” the club is a criminal organisation “took place in the 1960s and 1970s”.
“SAPOL should target individuals rather than targeting the entire club,” it says.
The Finks claim police spend $1.6 million policing “bikie runs” and a further $1.5 million on its Crime Gang Task Force.
“This is whilst other areas of (the police) are seeking additional men and equipment,” the letter says.
“Proceedings against an association made up of grandfathers, union members and gainfully-employed people is not in the public interest.
“It can never be in the public interest to render innocent people guilty of a crime simply by association.”
It is understood Mr Atkinson received the letter late yesterday.
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