Photo Enforcement P9: Subpoena

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!

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4 Responses

  1. M Elliott says:

    Do you have a court date? Do they have you traveling at 56 mph?

  2. Spencer says:

    The complaint claims that I was traveling at 56 mph… I went up for my hearing on the 25th (I need to update this info) In the end the complainant didn’t show up and the judge said that she thought that I probably was speeding, but “in the interest of Justice, I find you not responsible.”

  3. M Elliott says:

    Go to;

    http://apps.supremecourt.az.gov/publicaccess/

    for you put in;

    SP-201015283

    then put in;

    SP-2011000660

  4. Spencer says:

    Here’s an interesting article. I think this is the same math that you were telling me about.

    http://www.washingtontimes.com/news/2011/apr/20/business-owner-casts-reasonable-doubt-on-accuracy-/?page=all

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