Arizona Photo Radar

What is the name of your state? Arizona

Does anyone know the legalities (like how to beat) of photo radar tickets? I understand the ticket cannot be mailed, but has to be properly served by a server. Is this current and accurate? If I do not show up for the date on the ticket that was mailed to me, will I be in violation of the law? I could simply say I never received a ticket?????? I believe this is covered in the Rules of Civil Procedure 4. Please let me know ASAP, my court date is on the 12th and I am receiving conflicting information.

Do I or do I not have to be physically served the ticket?

[HomeGuru]

Originally posted by eddiepowers
What is the name of your state? Arizona

Does anyone know the legalities (like how to beat) of photo radar tickets? I understand the ticket cannot be mailed, but has to be properly served by a server. Is this current and accurate? If I do not show up for the date on the ticket that was mailed to me, will I be in violation of the law? I could simply say I never received a ticket?????? I believe this is covered in the Rules of Civil Procedure 4. Please let me know ASAP, my court date is on the 12th and I am receiving conflicting information.

Do I or do I not have to be physically served the ticket?

**A: what was the basis for the ticket issuance?

I was driving by with traffic and the van took my photo and I got a letter saying I owed $150.00 for speeding. I did some research and found out they have to physically serve me (or used to), etc. using the services of a process server in accordance with the Arizona Rules of Civil Procedure # 4(c,i). Usually the people are winning because the city never goes out to serve them physically, especially if they live in another county, like me.

so, should i simply ignore the mailed ticket and act as if i never got anything? or, should i show up to court and admit it was me and that i did receive the ticket?

[HomeGuru]

Originally posted by eddiepowers
I was driving by with traffic and the van took my photo and I got a letter saying I owed $150.00 for speeding. I did some research and found out they have to physically serve me (or used to), etc. using the services of a process server in accordance with the Arizona Rules of Civil Procedure # 4(c,i). Usually the people are winning because the city never goes out to serve them physically, especially if they live in another county, like me.

so, should i simply ignore the mailed ticket and act as if i never got anything? or, should i show up to court and admit it was me and that i did receive the ticket?

**A: what was the posted speed limit and how fast were you going?

[lwpat]

I don't know if any AZ attorneys follow this board. For a definitive answer you would need to ask a local traffic attorney. It is never a good idea to just ignore a traffic ticket.

I am very interested in the answer and would appreciate your posting when you find out.

[JETX]

Your basic premise is faulty. You are trying to apply Civil procedures (which have to do with serving a civil summons) to a criminal proceeding (your traffic ticket).

Simply, you have been 'noticed' of a traffic ticket. It is now up to you to handle it as provided by law. Your options as I see them are:
1) You can plead guilty and pay your fine within the time allowed, or
2) You can notify the court of your intent to challenge the ticket and appear at the scheduled hearing, or
3) You can ignore the ticket and an arrest warrant will very likely be issued against you.

Obviously, if you chose the latter, you could be subject to arrest, vehicle towing, impound fees, etc. But, then you could present your claim that you never received the ticket and see if it will undo all the cost and time spent due to the warrant.

Your choice.

Oh, and if you want to read up on the Arizona traffic laws, you can find them at:
[url]http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=28[/url]

Tonner vs. Paradise Valley Magistrate Court. Relying on Rule 4.1 (c), Arizona Rules of Civil Procedure, the Town had mailed a citation by first-class mail to the defendant and then entered a default judgment when the defendant failed to appear or defend. Holding that service was not complete, the Court said,

"If the acknowledgment of receipt is not executed, service is not complete under this method even if there is evidence that the summons and complaint were received."

The Court advised that when a defendant fails to execute the acknowledgment of receipt sent with the citation, the Court must continue thehearing and serve the complaint by some other mehtod authorized by the Rules of Civil Procedure. Without proof of service or a waiver, the Court lacks personal jurisdiction and therefore, has no power to enter an order of civil sanction against a defendant.

Source: [url]http://www.iacovinoandkayler.com/New%20PhotoRadar.htm[/url]

[JETX]

Nice citation. But it does NOT apply to a traffic ticket!!

The key here (as I see it is):
"the Court lacks personal jurisdiction and therefore, has no power to enter an order of CIVIL sanction against a defendant."

So, which of the three options are you choosing??

there are several sites, some are even shown at the top of the page at this site, that all use the Rules of Civil Procedure in disputing Civil traffic tickets. My ticket for speeding at about 14 miles over is not a felony, and therefore, would not be subject to the Rules of Criminal Procedure. I am not fully convinced that your three options are my only options. I think I do have to be physically served with the citation and that simply mailing the ticket to me is the city's way of trying to intimidate me into just paying the fine without any contest. I received a flier from Angel Enterprises, Joe Geremia, in the mail, stating that I did not have to even acknowledge the ticket since it was mailed and not personally delivered. (But who is he anyway!).

[racer72]

Is Joe Geremia going to pay your towing and impound fees the next time you get pulled over and the cop arrests you for an outstanding ticket? Of course not. You can spout all the legal mumble jumble to the cop you want, he is going to haul your ass to jail. Your playing with fire, you will get burned. The only person that can ultimately decide who is right is the judge that hears the case. Don't show up in court, the decision will be made for you.

Oh no, the advice you provided was sound. I was just trying to dig a little deeper to see if all the ads promising guarunteed wins against photo radar were based on sound advice, or bull... I believe I will go to court on the 12th as it really does go against all good common sense not to. thank you for all of the advice presented folks

[The Occultist]

Originally Posted by ochoajo

I also received information from Joe Geremia with Angel Enterprises. In fact, I have spoke to him on a few occasions. He's a good guy. I have followed his advice for 4 years, through 8 photo radar tickets and was fortunately only served once (was doing yard work on a Sunday when the processor came). All the other tickets I ignored and have verified with the DMV that no tickets are on my driving record.

That said, all the tickets above were issued by cameras in the city of Scottsdale. I have a friend who follow the same procedure in Paradise Valley and had his car impounded, due to the warrant that was issued from the court no-show. I wonder why the process is different from City to City?

Your information is outdated. These cites can no longer be ignored in AZ.

[Who's Liable?]

Ah yes... the old photo radar ticket in AZ...

There used to be a loop hole in some cities, Scottsdale comes to mind, where if you appealed the ruling to the supreme court, it would tossed out as the court ruled Scottsdale MUST deliver the notice by hand, and mailing notices did was not sufficient.

Currently there are no known loopholes.