Arizona photo ticket

[shtarun]

What is the name of your state (only U.S. law)? CA
Hi
Last week I visited Phoenix last week. In general I am not a fast driver. On freeways I go around 70 on 65 and in fact I wasnt aware of speed cameras on freeways. Today I received a speeding ticket. It is some 55 zone ticket where i was driving 65. The good about it is that my face is not clear in the picture. I had put GPS on windshield which blocked most of my face. I think its not clear enough to recognise somebody. How can I fight this ticket ? should I deny by saying that I dont recognize the driver ?
any advice would be of great help.

thanks a lot
T

 

[The Occultist]

I find it odd that you got a camera ticket for 10 over; Phoenix recently changed their cameras to flash on people starting at 11 over.

You can certainly attempt to fight the ticket by providing a photo of you and stating that the person in that picture "obviously" doesn't match you, but if they decide it's close enough, then you're pretty much stuck.

 

[I_Got_Banned]

should I deny by saying that I dont recognize the driver ?

but if they decide it's close enough, then you're pretty much stuck.

Exactly... It's not whether YOU recognize the driver... it is THEY who must decide that!

And by the way, in California, you can get cited for having the GPS thingie attached anywhere in the center of the windshield. There are 2 spots that you're allowed to have it... Here...

26708. (a) (1) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows. (2) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver's clear view through the windshield or side windows. (3) This subdivision applies to a person driving a motor vehicle with the driver's clear vision through the windshield, or side or rear windows, obstructed by snow or ice. (b) This section does not apply to any of the following: (1) Rearview mirrors ………………. (12) A portable Global Positioning System (GPS), which may be mounted in a 7-inch square in the lower corner of the windshield farthest removed from the driver or in a 5-inch square in the lower corner of the windshield nearest to the driver, if the system is used only for door-to-door navigation while the motor vehicle is being operated and outside of an airbag deployment zone.

 

[Tallrat]

Are you going to say, That's not me and I don't know how that person took my car and was speeding on your highway Judge? Kinda hard to explain that one.

 

[shtarun]

Hi,
Thats obvious that I should know the person who was driving, but if I gave it to some friend and he was driving with someone else, how can I say who the driver is if the photo is not clear. In any case I must have a clear enough picture to point my finger on someone.

I am trying to fight it, If they say its you then I would see what else can I do.

About california law for GPS, I knew about it but saw lot many people doing it. So started putting it on windshield. Will take care next time.

Thanks for all your answers.

Regards
T

 

[Tallrat]

Hi,
Thats obvious that I should know the person who was driving, but if I gave it to some friend and he was driving with someone else, how can I say who the driver is if the photo is not clear. In any case I must have a clear enough picture to point my finger on someone.

About the only way that would work is if the friend came to court with you and admitted it. Other than that I just don't see a way out of it, sorry

 

[The Occultist]

About the only way that would work is if the friend came to court with you and admitted it. Other than that I just don't see a way out of it, sorry

Not necessarily true in AZ, but I'm not going to go into the specifics of this as it's not truly relevant to the OP.

 

[LSCAP]

I don’t think I would provide a picture of myself. Just appear in court.

You are not required to become a detective and identify the driver. That’s up to the police.

 

[I_Got_Banned]

I don’t think I would provide a picture of myself. Just appear in court.

You are not required to become a detective and identify the driver. That’s up to the police.

And when the judge asks you to present identification showing you are who you claim you are????

 

[I_Got_Banned]

What is the name of your state (only U.S. law)? CA
Hi
Last week I visited Phoenix last week. In general I am not a fast driver. On freeways I go around 70 on 65 and in fact I wasnt aware of speed cameras on freeways. Today I received a speeding ticket. It is some 55 zone ticket where i was driving 65. The good about it is that my face is not clear in the picture. I had put GPS on windshield which blocked most of my face. I think its not clear enough to recognise somebody. How can I fight this ticket ? should I deny by saying that I dont recognize the driver ?
any advice would be of great help.

thanks a lot
T

Shtarun,

Somebody can correct me if I'm wrong but doesn't Arizona law require that the complaint against you be personally served upon you by a process server or that such "proper service" is waived by you in writing? In fact, in the packet/envelope that the citation came in, there should be a Service Waiver form. They're expecting you to sign that along with a check and mail that to them...

So... My advice is this... Take that waiver form and tear it up into 50 pieces... Soak it in bleach and flush it down the toilet.

All done.

 

[LSCAP]

To I got banned
Naturally he'd have to ID him/her self. But the driver's license should suffice. Not a "studio" portrait.

And he does not have to identify the driver if he claims and they accept his claim, that it's not him.
If he knew you--I GOT BANNED, He might claim it was you.

 

[I_Got_Banned]

To I got banned
Naturally he'd have to ID him/her self. But the driver's license should suffice. Not a "studio" portrait.

And he does not have to identify the driver if he claims and they accept his claim, that it's not him.
If he knew you--I GOT BANNZED, He might claim it was you.

Thank you LSCAP, that was VERY insightful.

 

[ghart]

AZ photo tickets are not valid until they are personally served, so if you can avoid service, and sometimes they don't bother to try, you are OK. Bear in mind that if you reply to the mailed ticket, or view they video of your alleged violation (on the website given on the ticket, with the password they provide you with) that will count as proper service of the complaint.

There have been some rare cases when the process server says they served you when they didn't, and the drivers were found guilty by default, license suspended etc.....and the appeal cases are easily found on the web.

You can track the status of your citation on this website -

Public Access to Court Information

It will show you if they have called for personal service of the complaint, with no service the ticket will be dismissed after 120 days. One of my tickets was dismissed this way.

If you do get served then your options are far more limited. If the picture is not good, and you can convince the judge that there may have been other drivers, that may be enough. One of my tickets was dismissed this way.

If you are determined to fight there is another defense: improper certification of the ticket; which depends on the DPS procedure used in issuing them. There are some other arguments you can add that may sway the judge but are unlikely to carry much weight - photo tickets outcomes are very judge dependent in AZ. If you get to this point, you may want to consider just doing traffic school or paying up.....it's a lot less hassle, and the DPS tickets do NOT give you points on your license. I have more info on the improper certification if you need it.

Hope this helps, good luck
G.

 

[The Occultist]

If your ticket was mailed certified, then ghart's advice is irrelevant for AZ.

OP, under what conditions did you receive the ticket?

Also note that ghart is not entirely correct due to recent changes in AZ legislation regarding these types of tickets. Whether or not these changes are ok or not will need somebody to appeal the system, so until then, things are not as they were 3 years ago.

 

[ghart]

The occultist may be right about the certified mail, but I don't know of anyone who gets one that is not regular mail.

As for recent changes in legislature; I am not aware of any that change the info given in my post - occultist, can you elaborate? The info I gave is based on my recent citations and court appearances (in the last couple of months) and a lot of research.