Traffic Camera Company Seeks to Rewrite Arizona Law

The Newspaper
by The Newspaper

An automated enforcement company is turning to an unelected branch of government to re-write Arizona law regarding proper service for traffic tickets. Redflex Traffic Systems of Melbourne, Australia convinced John D. Wintersteen to file a petition earlier this month that asked the Arizona Supreme Court to modify the state’s rules of civil procedure to better accommodate red light cameras and speed cameras.

“Unlike the majority of other jurisdictions that have implemented photo enforcement, Arizona’s rules governing service of process have not been simplified to accommodate the unique challenges presented by the widespread use of photo enforcement equipment,” the petition prepared by Redflex lawyers stated. “Rule 4.1 does not currently allow defendants in photo enforcement proceedings to be validly served with a copy of the summons and pleading by first-class mail.”

Under Arizona law, photo citations issued by municipalities carry license points. Although private vendors may send citations through regular mail, motorists are under no obligation to send payment unless they receive personal service. In 1992, the Arizona Court of Appeals confirmed this interpretation of state law and the city of Paradise Valley decided not to appeal to the high court ( view decision).

“Regrettably, the current service of process rules have resulted in a system where those who purposefully avoid personal service are often rewarded,” the Redflex filing explained. “Myriad examples abound of the efforts traffic violators have taken to thwart service under the rules. Aside from simply refusing to answer the door to a process server, individuals have created trusts and limited liability companies to register vehicles in those entities for the express and sole purpose of evading service. Moreover, people living in gated communities frequently evade service because process servers are unable to reach those homes.”

Redflex and Wintersteen have not exaggerated their case. According to state documents, motorists have outright rejected automated citations paying them just 26.8 percent of the time. The resulting impact on Redflex finances has been so severe that investors threw out the company’s chairman for getting involved in the freeway ticketing venture that major shareholders called an “expensive failure.” Opponents of photo radar reject the idea that the state should bail a foreign company out of its difficulties.

“John Wintersteen is a front-man for Redflex,” Arizona Citizens Against Photo Radar representative Shawn Dow told TheNewspaper. “Why would the supreme court overturn 200 years of proper service because a private foreign company wants it? Australian companies shouldn’t be re-writing U.S. law.”

Although Redflex asserts that regular mail suffices for providing notice to ordinary citizens, its own contract documents forbid the use of ordinary mail when corresponding on official photo enforcement matters. Such notice may only be given by personal service, “certified mail, return receipt requested, postage and registry fees prepaid” or “a reputable overnight courier service, excluding the U.S. Postal Service” ( view contract excerpt, 100k PDF).

A number of other states, including Virginia, require personal service for all traffic tickets — including red light camera citations. Interested parties may comment on the proposed rule change at the Arizona Supreme Court Rules Forum website by May 20.

The Associated Press was first to report Wintersteen’s close connection to Redflex. A copy of the petition is available in a 50k PDF file at the source link below.

R-10-0002 Petition to Amend AZ Rule of Civil Procedure 4.1 (Redflex Traffic Systems, 1/19/2010)

The Newspaper
The Newspaper

More by The Newspaper

Comments
Join the conversation
3 of 17 comments
  • CarPerson CarPerson on Jan 28, 2010

    The Longview, Washington City Council is debating these cameras tonight. The City Manager is head-over-heels dead set they're going in. His full-frontal assault includes "We'll set up them cash registers in School Zones to protect the kids." Never mind a search of Police, City, and newspaper (The Daily News) records shows NO deaths or serious injuries attributable to non-outright reckless speed for as far back as the records go. Ka Chink, Ka Chink, Ka Chink, we're saving the kids, Ka Chink, Ka Chink, Ka Chink.

    • Robert.Walter Robert.Walter on Jan 28, 2010

      this used to be the mantra out of dc ... i'm doing this not for my self, but for the next generation and the generation after that... i don't know when it started, but i read the book John Adams a few years ago, and even he said something to that effect... something like he was a warrior so his son could be a diplomat so his grandson could be an artist, etc... difference, he walked his talk, the others that use this rhetoric are just trying to appeal to people's soft spots and avoid any real argument ... afterall, who wants to be accused of not wanting to protect kids from school zone hoons?

  • Ronin Ronin on Jan 29, 2010

    No, Fendertweed, a foreign company cannot directly contribute to a political campaign. That ban has been in effect for ages, and the recent SCOTUS ruling in no way changes that- very specifically does not change that. I know, I know, BHO said otherwise in his State of the Union. You'll have to figure out for yourself why he misled you.

  • TCowner We've had a 64.5 Mustang in the family for the past 40 years. It is all original, Rangoon Red coupe with 289 (one of the first instead of the 260), Rally Pac, 4-speed, factory air, every option. Always gets smiles and thumbs ups.
  • ToolGuy This might be a good option for my spouse when it becomes available -- thought about reserving one but the $500 deposit is a little too serious. Oh sorry, that was the Volvo EX30, not the Mustang. Is Volvo part of Ford? Is the Mustang an EV? I'm so confused.
  • Mikey My late wife loved Mustangs ..We alway rented one while travelling . GM blood vetoed me purchasing one . 3 years after retirement bought an 08 rag top, followed by a 15 EB Hard top, In 18 i bought a low low mileage 05 GT rag with a stick.. The car had not been properly stored. That led to rodent issues !! Electrical nightmare. Lots of bucks !! The stick wasn't kind to my aging knees.. The 05 went to a long term dedicated Mustang guy. He loves it .. Today my garage tenant is a sweet 19 Camaro RS rag 6yl Auto. I just might take it out of hibernation this weekend. The Mustang will always hold a place in my heart.. Kudos to Ford for keeping it alive . I refuse to refer to the fake one by that storied name .
  • Ajla On the Mach-E, I still don't like it but my understanding is that it helps allow Ford to continue offering a V8 in the Mustang and F-150. Considering Dodge and Ram jumped off a cliff into 6-cylinder land there's probably some credibility to that story.
  • Ajla If I was Ford I would just troll Stellantis at all times.
Next