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Photo enforcement isn’t full proof: You can defend yourself

| Oct 27, 2020 | Uncategorized |

If you live in Arizona, then you may be familiar with the fact that some traffic violations can come from photo enforcement techniques. Photo enforcement cases are unique because there is not an officer giving you information on what you were doing wrong. Instead, you receive a citation based on a photo taken of your vehicle along with other information, such as the speed you were traveling at the time of the photograph.

In Arizona, the Arizona Department of Transportation does expect drivers to travel at the speed limit or lower. The speed limit is designed to be the maximum speed one should travel on the roadway. Similarly, there is also a possibility of being cited for traveling too slowly.

The state must provide substantial evidence that you violated the law to be able to have the citation stick, which is why it’s a good idea to talk to your attorney. Some possible defenses may include:

  • Showing that the evidence is weak, such as not being able to prove that the conditions didn’t require the driver to drive slowly or to move quickly to get out of harm’s way.
  • Showing that the state can’t prove the driver’s identity. If it’s not possible to match the driver’s image to their license, then it may result in the case being dismissed.
  • Showing that it was another vehicle that was speeding. If there are multiple vehicles in the photograph, then the state would have to show that your vehicle was the one that was speeding rather than another nearby.

Photo enforcement is different from standard enforcement, and it has its pitfalls. Fortunately, they may help you defend yourself.