Photo radar--are you considered served if rental car agency provides your info to DPS

What is the name of your state? Arizona

I'm out of state, and was driving a rental car on loop 101 a month or so ago. This week I received via mail a photo radar ticket directly from Arizona DPS. I was never contacted by the car rental company.

I've gathered from many blogs and forums that if you live in AZ and receive a photo radar ticket in the mail, one option is to do absolutely nothing and hope you won't get served or somehow avoid getting served.

The only other thread on this particular situation are comments on the scottsdale_sucks blog. Although the author of that article initially insisted that if you're out of state in a rental car you're hosed, the final few comments make it seem that is uncertain.
http://nevercoldcall.typepad.com/scottsdale_sucks/2007/02/only_idiots_pay.html

So basically my question is, do the Arizona DPS or the courts consider you properly served if the rental car agency provides your info?

If not, are states likely to hire a process server out of state (Texas in this case)?

If they do consider me properly served, I will likely attend defensive driving school or pay the fine since I don't want my Texas license suspended:

From wikianswers-

Under the DLC (Drivers License compact), each state is required to report a conviction of a traffic violation that occurred within its jurisdiction to the licensing authority of the motorist's home state. Upon receiving report of a conviction of a violation, the states must take appropriate action (for example suspension, revocation or limitation of driving privileges). Every state is a member of the DLC except Georgia, Kentucky, Massachusetts, Michigan, and Wisconsin.

Click to expand...

This week I received via mail a photo radar ticket directly from Arizona DPS.

You've been served properly.

What you do about it now is up to you.

tsuma said:

If they do consider me properly served, I will likely attend defensive driving school or pay the fine since I don't want my Texas license suspended:

Click to expand...

If your license is at risk of suspension, and if you feel one photo ticket is going to take you there you seem to already have a record, you really need to contact a lawyer.

The cost o a lawyer will be well worth it, rather than hanging your case (and driving priveldges) on a service technicality you read about on "scottsdale sucks".

seniorjudge, I'm sorry, but everywhere else it says that in Arizona, you need to be properly process served, and a regular letter sent to your address does not constitute that (I did not receive a certified or registered letter, nor did I inquire about my ticket with the AZ DPS or the Scottsdale City Court).

xylene, my license is clean (my last speeding ticket was in 1999). But if I am really considered served and continue to ignore the citation, AZ will report it to the Texas DMV, who will also suspend my license because of the nonresident compact from 1977.

Okay, good luck.

Keep in touch.

I know someone with experience with the exact same thing. What will happen is the car rental company will end up paying the fine for you then will charge that amount, plus some additional fees to your credit card. Read your rental agreement, you allowed them to do that when you signed.

racer72 said:

I know someone with experience with the exact same thing. What will happen is the car rental company will end up paying the fine for you then will charge that amount, plus some additional fees to your credit card. Read your rental agreement, you allowed them to do that when you signed.

Click to expand...

I have to agree with this, even if they did not follow the AZ procedure on properly serving the ticket. Rental contracts say that if you get a ticket using their car they will pass your information onto the authorities if you fail to pay it they will pay it on your behalf especial if the ticket is civil offense which most photo enforcement are and then the rental company will just charge your CC.

Then there is always the possibility AZ will inform your home state and your home state will force you to settle the ticket with AZ, and if you do not your home state could suspend your license.

So those are the range of possibilities, none of them are good since they got you over the barrel so to say, and it does not matter whether they follow proper procedure or you actually broke the law, your out of state and they know it which does not leave you too many options

I'm not sure how the out-of-state status effects things, but I will state that, at least for the residents of AZ, I've never heard of anybody getting in any sort of trouble, myself included, for completely ignoring speeding tickets from the 101 cameras.

I thought about saving a few $ and taking the online traffic school, but 4 hours plus the hassle of having to take the test before a notary in Texas made me decide to just pay the fine, and never, ever visit Scottsdale again.

*shrug* I still say you should have ignored it, but if you're satisfied, then everything's ok.