David M Cantor, Arizona Criminal Lawyer, discusses House Bill 2076 and House Bill 2085 (the new Arizona photo radar bill) were prefiled on January 8, 2010 to be heard at the 2010 49th Legislature Second Regular Session. If passed, HB 2085 would require that a photo radar ticket actually be issued by a law enforcement officer, and not by mail or a process server. Currently, if you simply ignore a photo radar ticket received in the mail nothing will happen to you. However, if a process server claims to have served you or a member of your household, you then must show up to court. Many process servers are unscrupulous and will simply leave the ticket on your front door and claim that service was accepted. This new House Bill would actually be a good thing for the people of Arizona.
HB 2076, if passed, would allow an officer to issue a ticket to a person who is smoking in a car if there are any other people in the car who are under 16 years of age. The ticket would carry a $50.00 fine for each person who is under 16. The one limitation attached to this House Bill is that the officer cannot pull somebody over purely because they are smoking with a young child in their car. He must have reasonable suspicion that an additional traffic violation has occurred prior to initiating his stop. Apparently if you are 16 or 17 (i.e., unable to drink, vote, or legally have sex) you are not protected by the law from second-hand smoke.
To learn more about Arizona photo radar laws, contact DM Cantor.