Lawsuit claims photo radar citations are illegal

Thousands of Arizona motorists who got photo radar tickets might be able to ignore them if a new lawsuit is successful.

And those who already paid may be able to get their money back.

Legal papers filed late last month in Maricopa County Superior Court contend the citations issued by Redflex Traffic Systems before the first week in August are illegal. That is because the company, which operates speed enforcement cameras for the state Department of Public Safety and several Arizona communities, was operating radar guns that had not been cleared for use in this country.

Attorney Thomas Moring said at the very least it entitles his client, James Tavernetti, to refuse to pay the photo radar ticket that was issued by the Town of Paradise Valley in June. A mobile photo radar unit operated for the town by Redflex clocked him as speeding.

But Moring also is asking Judge Eddward Ballinger to block any other state or local government that has issued such citations from enforcing them

That includes not only Paradise Valley and the Department of Public Safety but also could affect Chandler, Prescott Valley, Tempe and Pinal County. Moring said the case could ultimately be expanded to cover those who paid the tickets without protest because they didn't know Redflex was operating the radar guns without legal authority.

Central to the dispute is the admission last month by Karen Finley, president of the Scottsdale-based company, that the particular type of radar units Redflex imported into the U.S. had not been approved by the Federal Communications Commission. That approval is required of any device that transmits radio waves.