Loop 101 speeder guilty of reckless driving - East Valley Tribune: News

Loop 101 speeder guilty of reckless driving

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Posted: Tuesday, November 6, 2007 10:38 am | Updated: 6:57 pm, Fri Oct 7, 2011.

A Scottsdale motorist found guilty of excessive speeding and reckless driving on Loop 101 during the state’s photo enforcement warning phase will be sentenced Dec. 5.

Suspect in Loop 101 speeding vows fight

Loop 101 ticket during warning phase spurs trial

Mark Bosworth was clocked at 110 mph in his red 2006 Mercedes-Benz 500SL at the westbound Hayden Road exit at 5:22 a.m. Feb. 15, 2006.

He pleaded innocent in the case, contending that it might not have been him in the car and if it was, the photo was taken during the warning phase of the program when state officials said citations would not be issued.

A jury found Bosworth guilty of reckless driving on Friday during a trial at Scottsdale City Court, and Judge Wendy Morton found him guilty of excessive speeding.

Bosworth could face fines of about $1,000 and jail time for both offenses, each misdemeanors.

He and his attorney, Jonathan Goebel, said they will appeal the ruling.

Morton had ruled during an evidentiary hearing on Wednesday that the warning phase of the speed photo enforcement program along Scottsdale’s 7.8-mile stretch of Loop 101 was irrelevant and not a proper defense.

“This is a travesty of justice,” Bosworth said. “They considered me guilty before I got to court. A jury got to consider distorted facts.”

Redflex Traffic Systems, the vendor that oversaw the photo system at the time, operated the warning phase of the program from Jan. 21 to Feb. 22, 2006.

Even so, Scottsdale began arresting motorists accused of driving 100 mph or faster after they were caught by Redflex Traffic Systems cameras.

Goebel told the Tribune on Friday that the judge prohibited him from using a city-issued news release about the first month of the program only being a warning phase, and videos of eight local newscasts detailing the warning phase.

Speeders traveling 76 mph or faster would receive only warnings for the first month, the news release said.

“The judge disallowed about 85 percent of the evidence from the case — most of which are public records,” Goebel said.

City Prosecutor Caron Close said after the trial she would not comment on the case.

Before the trial, she said the warning phase of the speed photo enforcement program did not give anyone amnesty for criminal behavior.

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