Click image to read the opinion
There appears to be a battle brewing between two of the top prosecutors in the state over the legality of charging drivers with a crime when they caught speeding by freeway cameras alone.
Earlier this week, Maricopa County Attorney Andrew Thomas, a Republican, announced his office will refuse to prosecute drivers who were caught on camera going more than 20 mph over the speed limit on Valley freeways, a speed which is considered a crime in Arizona. The decision was based on an analysis of the law done by his office. He said the law requires an eyewitness to physically see the crime taking place for a prosecution to take place.
Today, state Attorney General Terry Goddard, a Democrat, released his own opinion on the law, essentially telling Thomas he’s wrong about the analysis. “Mr. Thomas’ conclusions do not appear to be supportable as a matter of law,” Goddard wrote in the 10-page opinion.
The AG’s analysis came in response to a request from Roger Vanderpool, the director of the state Department of Public Safety, which manages the freeway cameras. The earlier opinion by Thomas basically shot down a number of criminal speeding cases the agency had referred to Maricopa County prosecutors.