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County attorney will decline photo radar cases
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The top prosecutor in Arizona’s largest county said Monday that his office will not prosecute drivers on criminal charges based solely on photo-radar evidence.
That means if a speed-enforcement camera clocks a driver going 100 mph in Maricopa County, they don’t have to worry about going to jail — just paying a fine.
Maricopa County Attorney Andrew Thomas said Arizona’s photo-radar statute is clearly intended for civil traffic fines only, not criminal charges such as reckless driving or criminal speeding. He also cited the U.S. and Arizona constitutions, saying both specifically say those accused of crimes have the right to confront witnesses against them.
“In photo radar cases, there are no witnesses, and defendants are not permitted to confront their accuser,” Thomas said at a news conference announcing his decision. “There is no opportunity to question or cross-examine a camera.”
Thomas said the Arizona Department of Public Safety has forwarded “a handful” of criminal cases to his office, mostly for criminal speeding or reckless driving, but those all will be dismissed.
Arizona is the first state in the nation to operate a statewide photo-enforcement program. Tens of thousands of drivers have been ticketed since it began late last year, spurring backlash among residents who have covered the cameras with boxes, sticky notes, and silly string. One man took a pickax to a camera.
Thomas declined to take a position on the controversial program, citing only legal reasons for not prosecuting the cases.
“I drive to work, too,” he said. “We all deal with these issues, but the bottom line is the way the law is written, the way our constitution is written, to bring criminal prosecutions based on photo-radar evidence only is not something our office can do, or frankly, should do.”
He also questioned the validity of the photos taken by speed cameras, adding that in one case forwarded to his office, the defendant named was a man while the photo of the speeding driver was of a woman.
Arizona Department of Public Safety spokesman Harold Sanders said his agency was working on issuing a statement addressing Thomas’ decision.
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