The petition, submitted by Daniel Levin on Jan. 12, requested that the Council advise the city prosecutor to require personal service of photo radar traffic citations.
“The Constitution requires notice and an opportunity to be heard,” Levin said. “Without service, you don’t have that opportunity.”
Councilman Tony Nelssen filed a motion with the Council to further discussion on the petition, only to be met with silence. When a vote was called, the Council voted 5-1 against further action on the petition, with only Nelssen voting to continue.
“I haven’t come up with a decision, but I think it’s only right for further motion,” Nelssen said.
Levin, a lawyer with 36 years of experience, said it is time to lower the hammer on the photo radar process. “The courts are rubber-stamping this, and there’s no legal precedent to do so,” Levin said in a telephone interview. “In any civil action you must allow civil process, whether it’s a $2 million suit or a $200 suit.”
Levin said the city is not making the effort to find people before considering them as being served.
“They have decided that as a matter of law that you’ve been served, whether or not you have actually been served,” Levin said. “It’s the most disgusting thing I’ve ever heard.”
Jeffrey Inocente, a 20-year-old Scottsdale Community College student, disagreed with Levin.
“This sounds more like a personal problem that the city shouldn't have to waste time or money on,” Inocente said.
Levin said photo radar is an attempt to scam money out of the public.
“We can no longer trust the city prosecutor,” Levin said. “The courts are complicit in this fraud.”
A 2007 report commissioned by the City of Scottsdale found that 72 percent of people supported photo radar enforcement in general, and 58 percent supported always holding the vehicle owner responsible for photo radar citations.