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Photo Radar ticket

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hellothere46

Junior Member
What is the name of your state (only U.S. law)? Arizona

I got flashed doing 10 over, on the highway (66 in a 55). I just got the complaint in the mail, and they thought it was my dad driving the car.

As I understand it, Arizona state law requires all traffic charges to be formally served by a police officer or processed server, so right now, i'm not lawfully obligated to recognize this complaint.

There are 4 options based off the complaint

1) Pay the fine - haven't been served yet
2) Driving safety class - not willing to do, since i haven't been served
3) Request a trial - same as the two above
4) If you are not the driver, identify the new owner or driver.

I'm wondering if we do option 4, send in a picture of my dad's driver's license, and have it dismissed, will they resend it to me? I'm also on the insurance, and the one driving, will they resend it to me? Can they use the same violation and issue it to me, or is the entire thing dismissed?
 


W

Who's Liable?

Senior Member
hellothere46 said:
What is the name of your state (only U.S. law)? Arizona

I got flashed doing 10 over, on the highway (66 in a 55). I just got the complaint in the mail, and they thought it was my dad driving the car.

As I understand it, Arizona state law requires all traffic charges to be formally served by a police officer or processed server, so right now, i'm not lawfully obligated to recognize this complaint.

There are 4 options based off the complaint

1) Pay the fine - haven't been served yet
2) Driving safety class - not willing to do, since i haven't been served
3) Request a trial - same as the two above
4) If you are not the driver, identify the new owner or driver.

I'm wondering if we do option 4, send in a picture of my dad's driver's license, and have it dismissed, will they resend it to me? I'm also on the insurance, and the one driving, will they resend it to me? Can they use the same violation and issue it to me, or is the entire thing dismissed?
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What city did you get this in? Scottsdale, Mesa and Tempe are pretty aggressive in their attempt to deliver with a process server.

Remember, ANYONE who RESIDES at the mailing address over the legal age of 15(if I remember correctly) can be given the citation and it has been deemed "served". MANY process servers act as if they know you and will go on a first name basis.

Is your dad the registered owner of the vehicle, and that is why they think it is him?

If you do option #4, and show the driver's license photo does not match the citation photo, they will probably still reject it and post a date, as they want to know who the driver is. If you get lucky, they will accept it and let it go.

On the court date, the registered owner will be asked to name who the driver is. If the registered owner does not recognize or can't make out the driver in the photo, they must tell the judge. The registered owner is NOT LEGALLY required to identify the driver even if they DID know. Why would they do the job of the state, which is to clearly identify the driver?

Couldn't wait 'til they shut the cameras off eh?
 
HighwayMan

HighwayMan

Super Secret Senior Member
Just curious, didn't someone post here not too long ago that AZ was getting rid of the photo radar for speed enforcement?
 
W

Who's Liable?

Senior Member
They shut them down on July 15 at 11:59 P.M.

The local news did a story on it at 10:00 PM on July 15 with a speed camera in the distance. Even at 10:00 PM, people were still getting tickets as you could see the cameras flash in the background.
 
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H

hellothere46

Junior Member
Who's Liable? said:
What city did you get this in? Scottsdale, Mesa and Tempe are pretty aggressive in their attempt to deliver with a process server.

Remember, ANYONE who RESIDES at the mailing address over the legal age of 15(if I remember correctly) can be given the citation and it has been deemed "served". MANY process servers act as if they know you and will go on a first name basis.

Is your dad the registered owner of the vehicle, and that is why they think it is him?

If you do option #4, and show the driver's license photo does not match the citation photo, they will probably still reject it and post a date, as they want to know who the driver is. If you get lucky, they will accept it and let it go.

On the court date, the registered owner will be asked to name who the driver is. If the registered owner does not recognize or can't make out the driver in the photo, they must tell the judge. The registered owner is NOT LEGALLY required to identify the driver even if they DID know. Why would they do the job of the state, which is to clearly identify the driver?

Couldn't wait 'til they shut the cameras off eh?
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I got flashed on the I-17 and the Indian School Exit. I'm pretty sure that is Phoenix, but it doesn't state the city on the citation.

I think they believe it's my dad because he is the registered owner, and we're both asian.

Do they usually reject claims saying that they weren't the driver?

The picture of me driving, and my license picture are similar to each other. It's very obvious that it's me driving, and the courts would know that my dad is lying if he testifies. Since it's an obvious picture of me, can the court lawfully dismiss this ticket against my dad, and charge me speeding now that they know it wasn't him?
 
P

philsfan01

Junior Member
I had a similar situation to yours, albeit in Tucson. I was driving a car that belonged to someone else and got hit with a photo radar ticket. They mailed the ticket to the car's owner, who in turn sent in my info, since I was driving.

The ticket came, and I tossed it in the trash. They sent an officer out to serve it, and I didn't answer the door. To my knowledge, they only tried once to serve the ticket.

I then heard a rumor that Arizona was now going to start enforcing these tickets when time for the offender to register his or her vehicle. So I was expecting a fine to come along with my registration. However, I just got my registration, and there was no fine on there for the ticket.

My point is, it's not hard to avoid being served, but you have to be willing to not answer the door.
 
W

Who's Liable?

Senior Member
hellothere46 said:
I got flashed on the I-17 and the Indian School Exit. I'm pretty sure that is Phoenix, but it doesn't state the city on the citation.

I think they believe it's my dad because he is the registered owner, and we're both asian.

Do they usually reject claims saying that they weren't the driver?

The picture of me driving, and my license picture are similar to each other. It's very obvious that it's me driving, and the courts would know that my dad is lying if he testifies. Since it's an obvious picture of me, can the court lawfully dismiss this ticket against my dad, and charge me speeding now that they know it wasn't him?
Click to expand...
You missed my point. It is the COURT'S responsibility to IDENTIFY the driver. All your father has to say is he doesn't recognize the driver and doesn't know who it is. While the court may not believe him, they(court) still have to identify the driver.
This is why many married couples registered the vehicles in eachothers name. The husband drove the car that was registered in the wife's name and vice-versa. When one of them got a ticket, the registered owner would go to court and state that the driver in the picture is obviously not them because it is a picture of the opposite sex. The judge may ask them who the driver was, but they would not be legally required to identify the driver!

There was an urban myth going around stating they would penalize you when you registered your vehicle, but it was false. Once 120 days go by, per AZ law, the ticket is dismissed and no further action is needed.
 
J

JWB100

Junior Member
photo ticket by town in AZ

I just received a photo ticket in the (regular) mail from Prescott, AZ (the state of Arizona no longer uses this system). The photo only clearly shows a mouth and chin (with no mustache, which I have) and no details above that area of the face. I think this is an unrecognizable photo. In addition, I don't believe there was any posted warning for the photo radar, which I think is part of state law (500 yards ahead of photo unit). I'm also wondering what the status of Redflex (the photo radar company) is in terms of arguing against the validity, since this company is begin investigated by several states for fraudulently modifying results?
 
W

Who's Liable?

Senior Member
JWB100 said:
I just received a photo ticket in the (regular) mail from Prescott, AZ (the state of Arizona no longer uses this system). The photo only clearly shows a mouth and chin (with no mustache, which I have) and no details above that area of the face. I think this is an unrecognizable photo. In addition, I don't believe there was any posted warning for the photo radar, which I think is part of state law (500 yards ahead of photo unit). I'm also wondering what the status of Redflex (the photo radar company) is in terms of arguing against the validity, since this company is begin investigated by several states for fraudulently modifying results?
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1.) Start your own thread, this is almost a year old.

2.) Did you not read ANY part of this thread?
 
J

JWB100

Junior Member
thank

Thanks so much for being so helpful. You're as bad in terms of propagating disconnects as this stupid legal system. No humanity.

You took the time to respond.

Who the hell do you think you are?
 
J

JWB100

Junior Member
But why be nasty?

This is the big DISCONNECT of this entire country. We don't give **** about anybody as an individual. It's built into the legal system, the entire society, and exacerbated by e-communication. I'm out of here.
 
I

I_Got_Banned

Senior Member
JWB100 said:
This is the big DISCONNECT of this entire country. We don't give **** about anybody as an individual. It's built into the legal system, the entire society, and exacerbated by e-communication. I'm out of here.
Click to expand...
Out of here as in leaving the country? :D
 
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