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Loop 101 speeder accepts plea deal

Mike Sakal, Tribune

December 5, 2006 - 5:11AM

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The attorney for the man accused of driving 147 mph on Loop 101 in May cited the “media environment” and a tough stance on speeders in Scottsdale as the primary reasons her client accepted a plea deal and avoided a jury trial.

“It was a hard decision for my client to take the plea offer because part of it was the risk factor involved,” Laura Lehan told the Tribune Tuesday, “The police had a factual basis that he was guilty of criminal speeding. Criminal speeding is going 20 mph over the speed limit, and even if it could’ve been proved those speeds were less, it wouldn’t have been by much. I think my client made the right decision, and it was a smart decision.”

Lawrence Pargo, 27, of Goodyear, was accused of setting the speed record on the freeway in a 2006 Hyundai Sonata, a family sedan of South Korean origin.

Lehan, who has defended speeding, DUI, assault and shoplifting cases in Scottsdale City Court for six years, said prosecutors would have had trouble proving the allegations because of the clarity of the photos and the lack of Pargo’s image in one of them. But, she said, the speed enforcement equipment functioned properly.

She said Pargo took the deal because of the media exposure his case — and other photo enforcement cases — have had, a factor that leads to conservative juries in Scottsdale, she said. She also cited a difficult environment for speeders before judges in the city.

Pargo was clocked speeding faster than 100 mph four times on the Loop 101 the morning of May 21 — 102, 105, 128 and 147 mph — and his case caught national attention. The top speed, captured by the city’s contractor Redflex, was questioned by certified Hyundai technicians and auto experts who argued the car’s top capable speed is 135 to 137 mph.

Lehan said that she and Pargo considered having a certified Hyundai technician testify on how fast the car could go if the case went to trial, but it likely wouldn’t have helped the case much.

Pargo reached an agreement with Scottsdale to plead guilty to one count each of criminal endangerment, reckless driving and excessive speed (102 mph) in a plea agreement dated Nov. 29. For his offenses, he netted a 30-day jail sentence, a $1,239 fine and one year’s probation, according to court documents. He also is required to complete an aggressive driving program.

Lehan contended that the photo of the Sonata’s license plate was blurry, and she said Pargo’s face was captured in only three of the four pictures. His face was not on the 147 mph photo because it showed the back of the car he rented.

Lehan also said that she has concerns with a private entity controlling and maintaining the machinery that prosecutes speeders without government regulation, a possible violation of Constitutional rights.

Lehan said maintenance records from Redflex revealed the cameras were working properly.

She said she reviewed scattergrams that provide information on the amount of traffic on the road at the time of the speed camera flash. Scattergrams sometimes are difficult to reveal which vehicle was speeding, which can cause a speeding case to be thrown out of court, Lehan said.

Because of the early morning road conditions, the vehicle Pargo was driving was the only one that could be seen in the frame, Lehan said.

City Prosecutor Caron Close said the city was prepared to prove that the Sonata could reach 147 mph, and said she didn’t know if they would’ve had to have gone beyond the testimony of Redflex officials to say the equipment was calibrated properly to win the case.

“We don’t think we let him off easy,” Close said. “Plea bargaining is part of any case, and we went for the highest charges we could get.”

Pargo will be sentenced Feb. 6 in Scottsdale City Court.

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