In preparation to present my case to the judge next week, I contacted RedFlex to gather information about the calibration records and testing results of their system. Cameras and sensors embedded in the pavement are exposed to extreme heat and the elements 24/7. Electronics do not work well in that environment, and since there was no one monitoring the machine when the photo was taken, I would like to know how often the machines are calibrated.  RedFlex told me that I would have to contact the Town of Star Valley or their police dept. to get the information.  So I called Star Valley and the were somewhat amused.  They have no police dept.! 

I had to wait for a call back from the town attorney to learn that Star Valley DID NOT have the records and that I would need to contact RedFlex.  I love it when they start pointing fingers at each other.  I contacted the Payson Court and they told me that I would have to file a Subpoena with them to get the documents from Star Valley and that it would cost $24.00.  They referred me to the state government site to find the form.  So I searched, and searched and ended up calling the state offices to find the form.  I then got transferred to the forms office, who informed me that I was contacting the Maricopa County offices and then transferred me to Gila County offices.  I’ve spoken to this person before, so she laughed to hear me try and subpoena the records and thanked me for going out of my way fight the ticket.

I ended up being transferred again to the District 1 supervisors office, which didn’t really help at all.  SOOOO, I asked lawyer friend for the form, I filled it out and sent it in with my check.  This is their response…

“Please be advised that the court is in receipt of your subpoena and request.  Judge Little has reviewed your case and there are no subpoenas issued for civil traffic.  Enclosed is your $24.00 check. (signed) - Court Clerk”

So after the court told me the process for a subpoena, they now tell me I don’t need one?!?!  Interesting that the Town of Star Valley admitted that they did not have the data I requested and THEN the subpoena was denied.  According to the Judiciary Branch of Arizona’s Website civil traffic defendant’s rights include ” The right to present evidence on your behalf and the right to have subpoenas issued by the court at no cost to you to compel the attendance of witnesses.”  No subpoenas issued for civil traffic?  Really? They told me it would cost $24.00, but this says it should be free.  This whole situation has seemed odd from day ONE!

When I saw on the Case Lookup site that my court date was still set after the judge had received and ruled on my motion, I knew that it had been denied.  I got the letter out of the mailbox this morning and this is what it says.

“COMES NOW, Defendant has filed a Motion to Dismiss which is in addition to the Defendant’s original Motion to Dismiss in which the Court set a hearing for the Defendant.  The Court is responding and ruling on Defendants motions to clarify Civil Traffic procedures for the Defendant.  Defendant is required to respond to a civil traffic violation in writing or in person.  Upon notice of a complaint a defendant is notified in writing as to their options and is instructed to either appear on appearance date or respond by mail.  The Plaintiff or the State is not required to appear at the Defendants appearance date the appearance date is for the Defendant to enter a plea of responsible or not responsible.  A plea of Responsible the fine is imposed or the defendant may attend a traffic school.  A plea of Not Responsible the Court would then set the matter for hearing at a later date and notify the State Court date also.  The Court truly apologizes that the Court offices were ordered closed by the County due to the snow emergency and you were not able to make your appearance.
IT IS HERBY ORDERED Denying defendant’s motion to dismiss because the State failed to appear.  It is further ordered denying defendant’s motion to dismiss due to clerical error; clerical error is not a legal basis for dismissal.
Currently this matter is set for hearing on 2-25-11 @ 09:00 a.m.”

So the motion was denied.  It’s time to bring together all my research and prepare to appear in court.  I’ve never fought a ticket before, but this feels more like I’ve been ensnared in a taxation scam! I’ll be posting some of my ideas for approaching this complaint, but I’m totally open to suggestions.