Tech and law fight photo radar

by Bob McClay/KTAR and Kevin Tripp/KTAR (November 16th, 2009 @ 6:51am)

A new GPS tool could help you avoid getting caught by the speed cameras around the valley.

The Cheetah C-50 is about the size of a cell phone and can alert you anytime you're about to drive past red light or speed cameras.

"The way it works is we have a master database and the customers plug the device into their computers and then they can upload any updates right into the device," said Don Norton with Cheetah USA. "This actually has a more enhanced database with 65 different type of alerts, so it basically can tell you every type of camera you're coming up on."

He demonstrated, with the Cheetah saying, "Red light camera, limit 45."

If you're going over the speed limit, the Cheetah will beep until your speed drops to a legal limit.

Norton said the device can alert you to more than just a camera on the freeway.

"For instance, if you're driving on the interstate and there happens to be a speed enforcement camera on some of the off ramps -- which there are in a lot of areas -- this will also let you know whether it's actually in your path or if it's off to the side, so you know whether or not to pay attention to it."

The Cheetah sells for just under $100.

The Arizona Department of Public Safety said the Cheetah C-50 is legal. A spokesman said if the device prompts drivers to slow down and pay attention, "That's what photo enforcement is all about."

Meanwhile, if you do get caught by photo radar, a Mesa attorney thinks he can beat most of the tickets for a $95 fee.

Michael Kielsky said he has fought enough of the tickets to discover the same legal issues come up in most cases.

"We are able then to take advantage of our knowledge and experience regarding those common themes and challenge the photo enforcement," Kielsky said, adding, "We're pretty clear on what the common legal issues are. It's not something that we have to go out and do any novel research, in most cases."

One of the most common legal issues is the constitutional right for defendants to confront their accusers.

"In this case, the accuser is a piece of equipment," said Kielsky.

He said he's offering the $95 fee to his most famous client -- the guy snapped for speeding while wearing a monkey mask.

On the Net:

• www.gpsdetector.com

• www.cheetahusa.com


Last 5 Comments

  • Reply Abuse Vote
    the bottom line,
    Divisional
    is that these habitual lawbreakers can't be "inconvenienced" so they will continually spew garbage about speed really doesn't kill - in fact, to hear some of them talk, the faster we all drive the safer we will be... Or you will hear about some technological failure rate - blahblahblah. Happens all the time with breathalizers, cops radar guns, you name it. And that is, and should be, fightable in a court of law. If you were accused of something you didn't do, you fight it. These adult teenagers just refuse to grow up. I continue to say it. RAISE THE SPEED LIMIT if you don't like 65.
  • Reply Abuse Vote
    Can't Face Your Accusor?
    cortezaero
    The argument is made that these tickets don't stand up in court on the grounds that you can't face your accusor because the ticket is the result of a machine. I have never heard of anyone fighting a parking meter ticket on these grounds. Parking meters are just as much machines as the speed cameras; why should someone be able to fight the cameras but not the parking meter? My guess is because parking meters have been around a lot longer and we accept them as part of our legal system. Pay your fine and stop speeding!
  • Reply Abuse Vote
    Clarification from the attorney ...
    kielsky
    While we take on a photo radar cases $95 up front flat fee, not all cases qualify, exceptions apply, there may be additional travel fees for courts more than 25 mi. from our office. Contact us (online at http://krelegal.com or call 480.626.5415) for details. A court must be provided notice at least 10 days before any hearing for an attorney to appear. More details in our online ad here: http://phoenix.craigslist.org/evl/lgs/1446118633.html While we are confident about the legal issues we will raise, we can make no guarantees about the outcome of the case.
  • Reply Abuse Vote
    indeed.
    Divisional
    The sheer volume of people that will break the law when it suits them, and defend their right to continue to do it, is incredible to see.
  • Reply Abuse Vote
    phony photo
    jwillsey
    I am not a fan of photo radar or any other govt progrm..whats nuts is all the money and conversation of how to avoid this trap..man just slow down..and you are out of the conversation
  • Read More Comments