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Photo Red Light In Mesa, Az.

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photogirl

Junior Member
What is the name of your state? Arizona
I just received notification from MVD that I have been convicted of running a red light in Mesa, and now have no driving rights for failure to appear in court. Incidently, I had no idea about any of this and upon mentioning this to my 12 year old daughter she remembers a guy giving her papers over a month ago, but she didn't know what they were. In her room, she found one of them with a pic of me going through a light at .2 sec. over. Some research I did brought up that you have to be properly served and within 120 days. Upon counting, today is day 120 since the incident. Also, is it true that I was never properly served since it was given to her? Now what do I do? Thanks!!!!!
 


photogirl

Junior Member
can a 12 year old be served?

I read something that a "reliable" person over the age 14 can only accept papers in AZ.
 

photogirl

Junior Member
I haven't called anybody yet since I just found out- I needed some time to let this sink in and also tried doing a little research on my own. The part about 14 years had something to do with the AZ supreme court- so I wasn't even sure if it was the same for a case like this. AZ rules for civil procedure states that it has to be given to a person of reliable age and disgretion. My daughter who is 12, told me this AM that the paper was actually given to my six year old but he asked her what her older sisters name was. Weird enough, but I was also downstairs at the time but he never asked for me. I don't know if I should take the letter from the DMV to the court or what. The law is difficult to read and understand, which is why I turned here first. Thanks for any insight you might have!!!!
 

fairisfair

Senior Member
Where did you read that?

What did the issuing authority say when you called them? How 'bout the court?
Actually EVERYTHING that I have found only allows substitution service in the state of AZ (service to some one other than the defendant or by publication) upon the approval of the court.

I seriously doubt that the service of the 12 year old would stand up in court.

Call the court, tell them that you did not receive service and ask them to provide you with the affidavit of service attached to your case.
 

photogirl

Junior Member
THANKS FOR READING Fairisfair. I appriciate your help. They have my 12 year old daughter listed as receiving the paper.
 
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photogirl

Junior Member
Should I let them know then that I just became aware of this or just that my daughters are only 12 and 6?
 

photogirl

Junior Member
I called two different lawyers in Mesa who said the process servers can only legally give papers to someone over the age 18. I'm going to see the judge tomorrow. If anyone is interested in how the rest of the case plays out I'd be glad to post so that the info may help others. Let me know.....
 

fairisfair

Senior Member
I called two different lawyers in Mesa who said the process servers can only legally give papers to someone over the age 18. I'm going to see the judge tomorrow. If anyone is interested in how the rest of the case plays out I'd be glad to post so that the info may help others. Let me know.....
Of course we are interested. . . . . that's why we are here.:D
 

photogirl

Junior Member
Hey everyone! I said I'd keep you updated. After seeing a judge, I got my license back and have a "serving" hearing in two weeks. Supposedly, I just need to prove my daughters age (which I had with me at the time), because a different judge needs to approve the dismissal.
 

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