Court Ruling: Gender Match Insufficient to Qualify as Reasonable Grounds to Issue Photo Ticket

April 23, 2010


From the beginning, scamera vendors and officials have attempted to quell concerns of legitimacy by stating that an officer will review each and every citation. The problem is, no one ever asked exactly what they’d be reviewing. We should have known better…

In an Oct 2009 court ruling from the Maricopa County Superior Court, a judge has ruled that a photo traffic complaint is not properly issued if an officer merely matches that the sex of the person in the photo matches the sex of the vehicle registrant.

A.R.S. § 28-1561 states that traffic complaints need to contain a certification “by the issuing officer in substance as follows: ‘I hereby certify that I have reasonable grounds to believe and do believe that the person named herein committed the offense or civil violation described herein contrary to law.’” However, an aide from the Tempe police department testified that they only match sex, and do not look at physical descriptions.

Therefore, the court concluded that the traffic complaint was improperly issued because the officer did NOT have reasonable grounds to believe that the defendant committed the offense. That doesn’t seem to have had any effect on procedures, as the police still issue tickets even with obvious race and appearance mismatches. They get away with it because judges don’t seem to want to enforce section B of the statutes which states:

B. A false certification under the provisions of subsection A is perjury.

The intent of the perjury provision is to help ensure that police do not abuse their power by issuing false citations. The reality is that this is what the photo enforcement programs have been about since their inception. They issue known false citations by the hundreds and thousands, as evidenced by court statistics. Most people are happy when their case is dismissed because they don’t resemble the person in the photo; however, anyone receiving a photo ticket where the officer clearly made a false certification needs to take measures to see that the responsible officer be charged with perjury as is appropriate under this statute. Only enforcement of the perjury provision under this statute will have any effect on curbing this attack on the innocent. Of course, the end of all photo enforcement in Arizona in November will achieve that as also.


Street Action / Demonstration 12/12/2008

December 10, 2008

the-face-of-camerafraud

WHAT: Street Action / Demonstration & Sign Wave

WHEN: Friday, December 12 @ 4:00 PM

WHERE:  Rural Road and University Drive, Tempe AZ

WHY: It’s fun, the weather is beautiful, and the drivers love us!

HOW: Just show up. Bring a sign or use one of ours!

RSVP here, or to be notified of future events.


Malfunction of the week

November 21, 2008

Numerous people have contacted CameraFRAUD.com to report a photo scam cam malfunctioning in Tempe:

Graham emails in:

I was sitting at the Starbucks on the SE corner of this intersection today (Wed, Nov 19, 6:15 pm). The camera monitoring E-W Guadalupe traffic is having an epileptic fit, flashing every couple of seconds on legitimate traffic (only when E-W travel is moving). I’m just waiting for the inevitable crash that this is going to cause, although it’s kind of funny to watch the light show. Love your site, keep up the good work.

Many people have also noted the incident on the AZCentral.com forum:

“Moneystacks” wrote:

I drove by McClintock and Guadalupe the other night and the camera was malfunctioning. It flashed on every (no joke) car that went through the intersection on the GREEN light. The light had just turned green so no one was speeding. Bottom line, I don’t trust those things.

“undr8d”:

i think i was there when that happened!! i think it was wednesday or monday night around 9:20pm. That camera flashed me when i went on a green light, and all the other cars behind me as well, there better not be any ticket in the mail!!

“CoachPeete”:

I live near that intersection. It does that all the time!! I swear at least once a week it will flash for every car during a certain cycle right after the light turns green.

“cassiela”:

I was there when that was happening! It really was taking everyone’s picture. I live near there, but that was the first time I’ve ever seen that happen. If I get a ticket in the mail, it’ll be going right in the trash. What a joke.

Tempe’s scam operation is headed by Redflex.

(We suggest asking for Redflex’s Shoba at 480-440-0647)


Photo Van Driver Attacks Demonstrator

October 24, 2008

Tempe Police arrive on scene behind Redflex photo van

Trouble: Tempe Police arrive on scene behind Redflex photo van

Tempe Police has released a damning report detailing the violent actions of a Redflex employee against a demonstrator holding an anti-photo radar sign earlier this month. PDF File Report in PDF format, courtesy theNewspaper.com

Corey M. Fleetwood was operating a Redflex “photo speed van” on the night of October 3rd when a demonstrator contacted police to report that the van was blocking a fire hydrant.

Before police arrived, the driver of the van exited the vehicle and charged at the demonstrator, forcing him to take multiple steps backwards. According to the report, Fleetwood then ripped the sign away from the demonstrator’s hands before throwing it on the ground.

An independent witness on the scene was videotaped saying “I really though he was going to hit (him) I thought he (Fleetwood) was going to hit (the demonstrator).”

Backup Arrives

Backup Arrives

According to public records, a complaint was filed in February against Fleetwood for “Speed Greater Than Reasonable / Prudent,” which resulted in the suspension of his license.

Another complaint from December of 2007 accused Fleetwood of “Assault / touching with intent to injure.”

Redflex is no stranger to controversy. The Arizona Secretary of State’s office recently condemned a Redflex notary for violating no less than four laws relating to document integrity and accuracy.

In early September, a Redflex van driver was arrested for extreme DUI while driving a photo scam van destined for Tempe’s streets.

Police question Corey Fleetwood, Redflex van operator

Police question Corey Fleetwood, Redflex van operator

Just last week, a Redflex employee was found to be in a state of undress, sound asleep, inside another Tempe photo speed van.

Media Inquiries should be directed to media@cameraFRAUD.com.


%d bloggers like this: