Professor Paul Bender of the Sandra Day O'Connor College of Law was quoted recently in an article in The Arizona Republic, titled "JP challenges speed cameras."
The Jan. 28 article, by reporter Michael Kiefer, explained how a West Valley justice of the peace has declared the state's photo-enforcement cameras unconstitutional and is waiting for a government agency to pick up the challenge so that his cause can move through the court system.
The photo-radar tickets have lower fines and fees than those a motorist would be subject to if stopped by a Department of Public Safety officer for the same violation.
Because of that, Keegan has issued a court order declaring the photo-radar law unconstitutional because it denies equal protection under the law and violates the state Constitution's clause on equal privileges and immunities.
Bender is quoted on the constitutional questions of the court order, saying it was unusual to claim unequal punishment when you are receiving the lesser sentence.
"It is usually the person who's treated worse who has the right to complain," Bender said. "I doubt if someone who is better off by being caught on film than he would have been if he had been caught by a cop should be able to complain that he was treated better than other similarly situated people."
Read the article here: http://www.azcentral.com/news/articles/2009/01/28/20090128photoruling0128.html.