Got served 131 days after ticket date in Arizona

[Jackson55]

I got a photo radar ticket in Phoenix. I just got served today and its been 131 days since the ticket date. Everything I've read says that after 120 days the ticket is dismissed. However, in doing my own research I cannot find any 120 day rule. I think AZ may have made it 150 days??

If you read B2 below, the days add up to 150, not 120. I also read that they can request to extend out the case past the maximum number of days anyway and they don't automatically dismiss it.

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28-1592. Commencement of action
A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic complaint as provided in this article.
B. A civil traffic violation case shall be commenced as follows:
1. If a case is commenced by issuance, it shall be issued within sixty days of the alleged violation.
2. If the case is commenced by filing, it shall be filed within sixty days of the alleged violation and shall be served within ninety days from the filing date.
3. Except as provided in paragraph 4, within one hundred eighty days of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident.
4. Within one year of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident resulting in death.

 

[racer72]

The commencement of action is how long the prosecution has bring charges and file them with the court, not how long it takes to be served with the citation. In all cases, you must be served the citation within 1 year of the commencement of action.

 

[Meatstick]

Jackson, In the state of Arizona by the A.R.S. the court has 60 days from the NOV (Notice of Violation) to file charges with the appropriate court which will then turn it into an actual citation. They then have 120 days from the date it was filed with the court to legally serve you. All I can advise you, is to search the court records and find out when the case was filed with the appropriate court. If the case was filed within 60 days of the NOV and you have now been legally served then get ready to either pay or appear in court. IF the case was filed more than 60 days from the NOV then you will need to be prepared to file a motion to dismiss based on the 60 day rule.

Good luck;


Meatstick