Asked over 4 years ago - Phoenix, AZFlag
I received a photo rador ticket in the mail from Tempe, AZ. It states on the actual ticket that the speed was APPROXIMATELY over the limit, it doesnt indicate that I was indeed speeding. Does the word approximate in a ticket mean anything? Can it help me get out of it or fight it?
That is fascinating. The idea behind a criminal or civil complaint is simple. A complaint is a written statement of the essential facts that constitute an offense. In a speeding ticket, for example, the allegation should be that a certain named person was driving X MPH in a posted X MPH area. The constutional reason for this is that it gives an accused the opportunity to fashion a defense for trial. I mean, if you do not know what you were allegedly doing wrong, how can you defend yourself? So, all things being equal, the ticket that you have specifically described above is, in my opinion, defective and should be dismissed. I suggest looking at it very closely, though, and make sure that you are not missing anything. If not, at trial, before they state or City starts its case, tell the judge that you want to "move to dismiss the charge on the grounds that the charging document is defective" then explain what happened. Best of luck to you
I am very familiar with tickets issued by the City of Tempe and I am yet to see one that does not indicate the alleged speed and the posted speed limits. I would suggest that you review the ticket again and pay close attention to the center area of the ticket which is where the numbers are located. It is certainly possible that they have alleged an approximate speed, however, there is always an alleged speed listed. In Tempe the cameras are set to go off at 11 miles over the speed limit. Therefore, assuming the camera was working properly, you would have been going at least 46 in a 35 mile per hour zone. One of the fixed speed cameras in Tempe is located on Rural Road north of university, and the mobile speed enforcement vans are moved throughout the city.
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