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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Speed Not Correct on Radar Ticket

    My question involves a traffic citation from the state of: Arizona


    I received a Highway radar ticket here in AZ. It is publicly made known that these tickets will not flash until at least ten over the speed limit, and I ALWAYS set my cruise control below that ten. In the middle of the day here in PHX, I was driving in a 65 zone and had it set to at the most 74. When I passed a camera that I normally pass, I thought I saw a flash. To be sure, I checked down and saw that I was set at what I said, 74 or so, and I was, so I thought I was just seeing the sun reflect. Sure enough, a week later I got a ticket in the mail that said I was doing 76, which I know is bogus. I NEVER go over the 10, I always have cruise control on unless I have other people in front of me and that day I didnt. And it isnt my speedometer because I havent been flashed since.

    It is coming up in a couple of days that I either have to pay the fine, say its not me, or contest it. I had been told by numerous police officers if I ever receive those tickets to just ignore it and dont answer my door for when they try to serve. They only have three months to get me.

    I have decided to contest it. I have always lived up to my tickets and paid them without hesitation. But I never shouldve been flashed in the first place. If I wouldve been pulled over and ticketed at 74, or if the ticket showed 74, I wouldnt have a problem paying it, since I was speeding. But I wasnt going 76, which caused it to flash.

    I have tried to look up online about camera malfunctions, and have found some and there was one about sun reflecting off a guardrail, but I really wasnt finding many different things. Basically, since I plan on contesting this and just representing myself, can this ticket be tossed because of the wrong speed being presented on the face of the ticket? I plan on being fully honest in court and saying I was doing 74, but I am relying on the fact that I believe the ticket will be tossed because of faulty equipment, or at least false accusations of speed or something. Do I stand a chance?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speed Not Correct on Radar Ticket

    If you admit to going 74, you have little chance of being convicted of anything less than that. I don't expect the judge to be particularly sympathetic to the "I habitually speed with the expectation that I won't be cited unless I go 10 over" argument. A 2 MPH difference could be from the calibration of your speedometer, a different diameter of tires than the manufacturer specified, a downhill grade....

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