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10-14-2008, 09:53 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 3
| | | Photo Radar Trouble
What is the name of your state (only U.S. law)?
Arizona
I received a photo radar ticket in the mail in Tempe, AZ, and I ignored it. Three times, someone came to my house to try and serve me with it. The last time my wife answered the door, said I wasn't home, and the officer gave her the ticket. I've since received a letter saying my license is suspended due to a missed court date.
It's my understanding that I have to be personally served with the ticket; it can't be given to my wife in my stead, but now that my license is suspended, what recourse do I have? I really can't afford to pay the ticket right now. |
10-15-2008, 12:55 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,075
| | Quote: |
It's my understanding that I have to be personally served with the ticket;
| You understood wrong. The rules for civil procedure apply to delivering the ticket to you.
Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process. Quote: |
I really can't afford to pay the ticket right now.
| Buy a bus pass.
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10-15-2008, 01:11 AM
| | Member | | Join Date: Nov 2007
Posts: 802
| | | Are traffic offenses in Arizona considered civil or criminal?? |
10-15-2008, 01:15 AM
| | Member | | Join Date: Nov 2007
Posts: 802
| | | The concept of avoiding service is really a poor idea. Even if successful (as you believe you were), you can be treated in a possibly unfair manner. What recourse do you have??? Appear in court! However, if you do that, then you subject yourself to the court's jurisdiction and service. So, you see... it only works if the cops merely stop trying. Apparently in this case... they didn't stop. |
10-15-2008, 01:42 AM
| | Junior Member | | Join Date: Oct 2008
Posts: 3
| | | Thanks for the replies. I'll go to the courthouse tomorrow and see if i can't at least get the 'failure to appear in court' fine removed. As for paying the ticket, I guess that's what credit cards are for... |
10-15-2008, 01:43 AM
| | Junior Member | | Join Date: Oct 2008
Posts: 3
| | | Quick question though:
Did my wife have a right to refuse accepting the ticket when the officer came to the door? Would it have mattered? |
10-15-2008, 09:28 AM
| | Member | | Join Date: Aug 2007
Posts: 674
| | Quote:
Originally Posted by ticketmaster  Quick question though:
Did my wife have a right to refuse accepting the ticket when the officer came to the door? Would it have mattered? | Yes she did, so the fact she accepted it the court would considered you served. There is another case on this board where the young daughter of the women was handed the paper and the court considered it served. Not sure how her situation ended up but unless you willing to hire someone who truly understand the rules of court you might have a hard time over turning this.
As you suggested, see if you can get the failure to appear dropped if you agree to pay the other ticket.
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10-17-2008, 06:25 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 4,311
| | | FTA in AZ is easy to get rid of (assuming, of course, that you do not have a history of it), but you'll still have to answer to the original violation.
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