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09-03-07, 03:01 AM #1
"But you promised that you wouldn't give any tickets for the first thirty days"
Suspect in Loop 101 speeding vows fight
Mike Sakal, Tribune
A criminal speeding and reckless driving case stemming from the “warning phase” of Scottsdale’s Loop 101 photo enforcement program is set for trial.
And the man accused of going 110 mph in his 2006 red Mercedes-Benz 500SL on February, 17, 2006, said he should not be punished.
Mark Bosworth of Scottsdale and his attorney are fighting the charges in Scottsdale City Court because they contend that city officials said it would not issue citations during the one-month warning phase of the now-permanent speed program.
The warning phase ran from Jan. 21 to Feb. 22, 2006.
Even so, Scottsdale began arresting what they considered the worst offenders, or those accused of driving 100 mph or faster that month.
Bosworth’s car was clocked at 110 mph at 5:20 a.m. by the camera at the southbound Shea Boulevard entrance ramp on Feb. 16, a week before the warning phase ended, according to city court documents.
“We’re going to trial and we’re happy about it,” said Jonathan Goebel, Bosworth’s attorney, of the scheduled Oct. 15 hearing.
“By telling people that the first month of the speed photo enforcement program was only a warning phase period and for research purposes, the city of Scottsdale perpetrated a fraud on all of Maricopa County,” Goebel said.
On top of the charges, Bosworth said it isn’t him in the car, but possibly his brother.
If convicted, Bosworth could be fined $477 and sentenced to two days in jail — a day more than a DUI arrest.
However, Scottsdale City Prosecutor Caron Close said that the warning phase of the program only covered civil violations for those traveling faster than 76 mph, not criminal ones of people speeding excessively down the highway.
“Nobody ever gave amnesty for criminal behavior,” Close said.
“Nobody ever told anyone in the city of Scottsdale they could commit crimes. Nobody ever said you could go out there and speed 110 mph, and we would look the other way,” Close said.
Goebel pointed to a news release issued by Scottsdale about the warning phase of the Loop 101 speed photo enforcement program and said it did not mention or differentiate between civil or criminal speeding.
Scottsdale police were swift to crack down on other excessive speeders during the warning phase period.
Patrick J. McCarville II of Phoenix and Leslie Daven of Mesa were the first two arrested by Scottsdale police on suspicion of excessive speeding and reckless driving on Feb. 16.
McCarville, 28, was clocked at 110 mph in his 2004 Subaru on Jan. 28, 2006. Daven, 29, was clocked going 110 mph in a 2005 Infiniti on Jan. 30, 2006.
On September 11, 2006, McCarville’s charge of excessive speed was dismissed, but he pleaded guilty to reckless driving. He was fined $473 and spent three days in jail, according to Scottsdale City Court documents. He also received one year’s probation and was required to complete an aggressive driving course, according to court documents.
In June, 2006, Daven pleaded guilty to reckless driving and excessive speeding. She was sentenced to two days in jail and fined $471.
However, a warrant was issued for Daven’s arrest in October because she never paid the fine and never showed up for jail, according to a clerk at Scottsdale City Court."The statements and opinions contained in this communication do not necessarily reflect the official position of the Commission regarding these issues."
09-03-07, 04:10 AM #2
What a MORON!\\` ` ` ` < ` )___/\
`` ` ` ` (3--(____)
"...but to forget your duck, of course, means you're really screwed." - Gary Larson
09-03-07, 04:52 AM #3
Pussy Boy!Molly Weasley makes Chuck Norris eat his vegetables.
Do not puff, shade, skew, tailor, firm up, stretch, massage,
or otherwise distort statements of fact.FBI Special Agent Coleen Rowley
09-03-07, 05:22 AM #4
Read my other posts for further explanation, but I despise photo radar for several reasons... and it isn't run by the police in my city!
All the same, I want to see how this case turns out
09-03-07, 02:55 PM #5
While the guy is certainly an assclown, I don't like photo-enforcement either. It's purpose has always been to increase revenue and never to improve safety.
As for photo-radar, an officer typically checks the calibration of his radar at the beginning and end of each shift. I wonder how often the photo radar is checked. My guess is that it was checked when it was installed, and won't be checked again unless they suspect a problem with it."I'm not a coward,
I've just never been tested
I'd like to think that if I was,
I would pass"
~Mighty Mighty Bosstones~
09-03-07, 03:44 PM #6
playing devils advocate here..and this has nothing to do with LEO, more the stupidity of the city council,if they DID state the first month was warning only, then isnt he correct on a purely legal basis? Not speaking of his stupidity for driving like an ass-munch, simply the legal leg he is attempting to stand on.500 fights, that's the number I figured when I was a kid. 500 street fights and you could consider yourself a legitimate tough guy. You need them for experience. To develop leather skin. So I got started. Of course along the way you stop thinking about being tough and all that. It stops being the point. You get past the silliness of it all. But then, after, you realize that's what you are.
09-04-07, 03:34 PM #7
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