PRESCOTT VALLEY - The Prescott Valley Police Department implemented photo enforcement a year and a half ago to reduce speeding - and accidents.
Despite extensive media coverage, some motorists who receive tickets are uninformed, and are facing the consequences. They face a $26 process server fee - even if they attend traffic school - if they did not notify the Magistrate Court of their intentions after receiving a ticket in the mail.
The company that operates the photo-enforcement equipment, Redflex Traffic Systems of Scottsdale, hires process servers.
The initial ticket notifies motorists that they may pay the fine, attend traffic school or show up in court to contest the ticket for driving 11 miles or more above the posted speed limit, running a red light or both. Tickets start at $190.
Rodney Szabo, 43, of Prescott said he attended traffic June 21 one month after he received a ticket for driving 36 mph in a 25 mph zone on Second Street. A process server showed up at his door five days after he attended the $130 class.
Ironically, a notice apparently arrived on the same day at the Magistrate Court that Szabo had taken the weekend driving class. Szabo received a notice in the mail July 16 from the court that he owed the $26 fee.
Szabo did not notify the court through the mail or in person that he planned to attend the traffic school, Magistrate Presiding Judge Keith Carson and other town officials said.
"That was obviously too late for him to be taken off the process server list," Carson said Tuesday.
Carson upheld the fee Wednesday morning, telling Szabo the taxpayers should not have to bear the cost for process serving because he did not read the red waiver notice box on the initial ticket. He ordered Szabo to pay the fee by Aug. 26.
After the hearing, Szabo said, "I don't think it is fair that I have to notify the court what my intentions are as long as I take care of it before my court date."
Carson said the court handles more than 20,000 photo-enforcement tickets each year, adding process server fees account for a small percentage for the overall tickets.
"And I try to be fair to people," Carson said.
Assistant Town Attorney Colleen Auer, who reviewed a written complaint from Szabo's wife, Trudy, defended the policy.
"You as a defendant have an obligation" to respond to a ticket, she said. "The idea being that as an incentive to do that, you are given additional time to respond to the complaint. You basically get 60 days to respond to the complaint."
Auer said state law gives municipalities three months to serve somebody with a citation.
"We do our best to make sure the paperwork is clear," she said.
Motorists who respond to the waiver box face license suspensions if they do not follow through with any of the three options, Sgt. Wayne Nelson of the Police Department said. He added the Police Department issued 3,232 photo-enforcement tickets in June.
Motorists who receive photo-enforcement citations need to read them thoroughly, said Kelli McFarland, owner of Alliance Investigations, a Prescott-based company that provides process serving.
"Don't yell at the process server," McFarland advised. "Call Redflex. Have all your receipts and your paperwork from the driving school."
Michael Ferraresi, associate marketing manager at Redflex, did not return calls from the Courier.
Contact the reporter at khedler@prescott.com
Reader Comments
Posted: Wednesday, February 18, 2009
Article comment by:
Radar Hunter
It's sad we are spending more and more money on a photo radar system that isn't working... while we all watch ASU fall to the ground we drop millions of faulty cameras.
www.radarhunter.com
Posted: Sunday, August 03, 2008
Article comment by:
Jim
SOME of these tickets can be ignored. If you have received a photo "ticket" (speed or red light) issued anywhere in Arizona, you can ignore it if it says, "This is not a summons to appear." These notices may or may not give the name of the court - and there will no address for the court. If you got one of these notices, do not impulsively make contact with Arizona authorities or their websites.
Posted: Tuesday, July 29, 2008
Article comment by:
Kevin
Hey Pete, Sgt. James Scott of Tucson was quoted as saying 45% of the revenue from these cameras goes to the state as a surcharge/tax. Neet how the state has washed its hands of the camera issue and still gets the biggest cut of the pie isn't it?
You want to be a part of a class action remember to include Redflex, state, city. I am thinking that defamation of character may be a good approach. How you ask? consider what these posts for the cameras have stated, "violators are criminals", but it doesn't stop there, insurance companies raise rates.
What I am saying are the conditions are met for a defamation of character lawsuit, financial libility, public slander, publication of such. Even if you fight and win your insurance will go up because it will still be reported. I personally have not been on the receiving end of this injustice, but I know people who I have found over safe drivers who have. I am not as concerned with radar speed cameras as I am with red light cameras, way to many tricks in a cities arsenal to believe they don't make streets unsafe. The redlight cameras are the real cash cow!
Posted: Sunday, July 27, 2008
Article comment by:
William Wallace
Dear pvanonymous,
I appreciate how much you care about this topic. I do like that Franklin quote, "Those who choose temporary security, over essential liberty, deserve neither." Thanks for bringing it up. On the issue of due process it is simple. Proper service of a traffic citation includes being served with the citation to you from the policemen that cited you, or being served by a process server, from the process server to you and only to you, or the process server can serve your spouse at your home only. Nothing else is proper service. Some people might think proper service is a petty concern. I do not. There are any number of valid reasons that our courts have decided what is and is not proper service. Not the least of which is that the state needs to be able to prove that the accused is aware of the citation. I am opposed to the government mailing a citation to the accused in the hopes that the accused will not know that they haven't even been served. There is no citation until it is served. I want people to know that if they are not properly served within ninety days of the so-called violation, that the citation will be automatically dismissed. If the Town of Prescott Valley knows where you live and sends a process server to your house, you won't get into anymore trouble because they came to your house. If you are not at home and a process server comes to your house again you won't get into anymore trouble because you weren't home and a process server came to your house. Moreover if you don't open your door you won't get into anymore trouble because a process server came to your house and you didn't open your door. These are protections that we have as United States citizens. It troubles me that so many people do not know, and or do not see, that making the state meet it's due process burden protects not only the liberties of the accused, but also protects citizens that haven't yet been accused. I see it as a duty to demand proper service if I am accused. As a side issue, I did not appreciate it that the headline of the article said (ignore a photoradar ticket and pay an additional fine.) I read the article and it did not say that. The article said if you check a box on the citation and do not notify the town then you make receive an additional fine. That is not ignoring the ticket. That is instead acknowledging that you received it in the first place. www.photoradarlaw.com
Posted: Sunday, July 27, 2008
Article comment by:
ZippiRoady901
Just Me: I have to admit you are right. Here me and PVanonymous are going at it over something that may never change. Anonymous was right that 4 encumbents ran unchallenged, its seems apathy, or just being beaten down by the Good Old Boys has a death hold on this town. The crime is a very serious situation, especially to the victims and the weak and rarely do we read of arrests made or crimes being solved. Thank you Manager of Fry's for taking brave action in the molestation case. The pervert could very well have had a gun in his vehicle and it would be nice for the town to recognize your act, I salute you! As for the rest; it seems :" The police remain baffled", the cameras click away losing us money, and the deals go on and on and on.
enjoy the day
Zippy
Posted: Sunday, July 27, 2008
Article comment by:
Just Me
I must say that I have had my fair share of speeding tickets in my life. But what I am more upset about is the over forty comments about photo radar from you people when there is murders and child abuse going on right now in the news paper and that only gets maybe a total of 10 comments for all of them. GROW UP PEOPLE!
Posted: Saturday, July 26, 2008
Article comment by:
pvanonymous
Mr. Zippy...I think I'll let your comment that drinking a cup of coffee at the chamber represents a "conflict of interest" stand for itself. Over and out, you win. :)
Posted: Saturday, July 26, 2008
Article comment by:
ZippiRoady901
pvanonymous: Now really don't get into a hissy fit. Does the Chamber of Commerce have dinners and serve any refreshments at their functions? Then I guess the members might benefit from their membership. And if certain members decided to give away $130,000.00 of taxpayers money a year to an organization they are members of and are reaping some benefit from being in said organization...even if its a cup of coffee then I will call it conflict of interest.( we really don't know what goes on in the corners of the meetings do we?or maybe you do)) Sound ethics would have these dispensers of the public money not be members of an organization they belong to, and gain benefits from. So next... now shall we get rid of the police? and we can all carry guns, I guess that might be worth a try, we do have a Sheriff's dept. Seems the child molested in Fry's toilet the other day, the fellow smashed in the head with a rock,might just beleive crime is increasing, read the paper. As to the vans they are all yours to love and cherish. I avoid P.V. and shop Prescott and on line so I don't need no stinkin Redflex vans, I don't need to make money for Redflex and lose money for the taxpayers of P.V. as IS THE CASE with each flash ( Skoog's words). Enjoy Fainville and step up for seconds when they dole out the .....
Zippy
Posted: Saturday, July 26, 2008
Article comment by:
not a fan of pete
Photo radar has been upheld as consitutional by the courts. People don't have a "right" to drive. Just obey the law. If you think its bad in PV, Prescott is rumored to be setting their cameras at only 6 mph over posted speed limits. Guess its time to pay attention to those traffic laws!
Posted: Saturday, July 26, 2008
Article comment by:
It's about our freedom, not our speed
This is NOT about speeding or slowing people down ... I hated it BEFORE I got the one ticket in my entire life for ALLEGEDLY going a whopping 12 miles over the speed limit on a stretch of road that should NOT be 25 (and I'm not young). I'm against it because every time they take a way just a little bit of our freedom (and I'm not talking about "freedom to speed", I'm talking about my right of due process) then it opens the door for the government to take away a little bit more. Every time the government decides that the supposed results are more important than our constitutional rights, THEN I have a problem.
I totally praise those PERFECT people who claim they ALWAYS obey the speed and never make a mistake or are preoccupied with other thoughts that they don't know that their speed has creeped up a bit. And if you believe them when they say that they ALWAYS obey the traffic laws then I commend you too, since you're obviously nice, trusting people wearing rose colored glasses who will believe anything anyone tells you.
Posted: Saturday, July 26, 2008
Article comment by:
E
Photo radar is about revenue only, not safety. Motorist treat North Viewpoint drive is a frewway extention to Hwy 89A. seldom do I see the photo enforcment van deployed or traffic enforcment conducted be Prescott Valley PD. The Van is parked along Glassford Hill Rd during Sundog games in order to catch as many out of towners as possible. Thats also where you will find all the patrol officers as well. Not enough cops to stop speeding thru our neighborhoods, though pletty to patrol a parking lot at a sporting event. Remember officers, you work for the people, despite who is funding the detail your assighned. Speeding on Glassford Hill or Hwy 69 does not effect anyones quality of life, though it does maximize revenue. Speeding on our neighborhood streets does impact the safety and quality of life of P.V. residents. Photo radar may have been a good idea, though now it is not being deployed to improve the city, simply to raise revenue to fund a worthless, overpaid city government and police force.
Posted: Saturday, July 26, 2008
Article comment by:
lorna
all you republicans can keep this backwards town,me and my family are going back to california to the 21st centuty.
Posted: Saturday, July 26, 2008
Article comment by:
pvanonymous
To Mr. Zippy...First of all, way to go by taking an issue and making it personal by saying that I represent my "masters". I don't do anyone's bidding but my own and I didn't vote for everyone on that council. You should applaud the fact that I'm exercising my first ammendment rights to express my opinion and not belittle me because it differs from yours. I do support the Council on this issue. So maybe it is costing more than $3,000. Maybe you can answer my question of how many MILLIONS of dollars we're LOSING by employing a police force? And exactly what crime wave are you talking about? Show me where crime is up and where are you getting your facts, the newspaper? I'd seriously like to know. Regarding your Chamber of Commerce questions, I checked out the chamber's web site. All those people you list (although you've got some of the names mixed up) are under the "individual member" category, which probably means they personally joined and paid the fee. How could the chamber benefit them personally if they aren't business owners? Do you know something the rest of us don't? Please share. Forward that complaint to the AG's office and watch them try not to smile or laugh in your face when you make the complaint. I don't see ANY conflicts there. We probably could save money by not giving the chamber any money...but be prepared to say bye-bye to the valley of lights and other events the chamber puts on that promote the community. Prescott gives their chamber money too for the downtown lighting. And Prescott gives a bunch more to their corporation for tourism, which is a direct benefit to their businesses. And to William Wallace...I appreciate your opinion and point of view. Many people often quote Benjamin Franklin and say that people who give up freedoms for security deserve neither. As a society, there is a proper balance to achieve. I don't mind having my picture taken on a driver's license so I can use it to get on an airplane and expect them to do the same to other passengers who might want to take my life. I don't mind having cameras surveilling me in a bank, knowing that it could catch a bank robber who will steal my money. I don't mind having traffic cameras take my picture if I'm violating the law, if they are getting the speedster next to me who might kill one of my grandkids in a traffic accident. But those are my comfort levels and others obviously don't feel the same. As far as due process, you have the opportunity to present your case before a judge and could probably even request a trial jury. Am I mistaken here? Isn't that due process? Doesn't a process server coming to your house make you aware of the violation? People get served with lawsuits by "certified" mail, is that any different?
Posted: Saturday, July 26, 2008
Article comment by:
Tom Steele
Well, it's all about "ME" as "I" think speed limits should be higher and I would have not been "flashed". Well, those of us who drive with speeds near the posted limit will not have a problem. The roads will be safer as some learn a lesson and others head for Dewey-Humbolt. As for me, I look forward to lower insurance rates in 86314 as our accident rates go down; and they are.
Posted: Friday, July 25, 2008
Article comment by:
just_obeysthelaw
Yes! as a matter a fact I do drive the speed limit! I don't speed! I have never gotten a ticket in ALL the years I've been driving and I'm 45, I've been driving since I was 16. When you've seen someone's head split open and their brains laying on the asphalt it changes your life, I saw that when I started driving at 18 years old. I'm a very cautious driver I USE my turn signal. I DON'T cut people off, if you want to merge in front of me GO right ahead. I leave for my destintation early so I don't have to hurry I always try to give myself plenty of time. I'm not perfect, I just try to drive alert not talking on my phone or eating or putting on my make-up. I stay out of the fast lane if I'm going slower than the rest of traffic. The cameras work in Phoenix and other major cities. They let the police have more time to work on crimes like burgleries, murders, rapes.
I hope the cameras are voted into Prescott too it would be great!
