Maricopa County photo radar filings “exceed the legal limit.”
The Maricopa County Board of Supervisors may be ignoring an Arizona law requiring it to create new courts now that photo radar has caused caseloads to “exceed the legal limit.” The Board will hold a public hearing to address its proposal that would add a new court fee of $20 to handle the speed at which photo radar cases have increased court filings. Under the new fee scheme a defendant who unsuccessfully challenges a ticket in court would pay an additional $20 for losing. A defendant who either successfully challenges the ticket or pays the ticket before going to court would walk away cost-free. The fee could affect a defendant’s decision to exercise his or her due process right to a hearing.
The state’s law, A.R.S. Section 22-125, requires the County Board of Supervisors to create more courts or to redraw precinct lines to reduce court caseload. The proposed $20 fee is slated for the current courts with no plans to create the required number of courts to deal with the higher numbers of case filings caused by photo radar. Current caseloads far exceed the number allowed for any individual justice court.
“The photo radar program was sold to the state based on how many tickets would be filed and how much revenue it would generate,” said Susan Kayler, attorney and author of Smile for the Speed Camera–Photo Radar Exposed! “Even though the State and County were aware of the number of tickets to expect there apparently was no plan to comply with state law in order to handle them.”
The statute requiring additional courts also sets out the compensation for Justices of the Peace whose salaries are based on the number of tickets filed each year.
To be heard on the issue of whether photo radar should continue in Arizona, visit CameraFraud.com.
