Red Light Ticket, Tempe, AZ - Serving by mail?

[surfer349]

What is the name of your state (only U.S. law)? AZ

So I've got a question about violation ARS 28-645A3A. It's a red light photo camera ticket from Tempe, AZ. I'm not interested in discussing specifics or whether or not I did it. I am interested in the legality of serving the ticket by mail.

I know for a fact that speeding camera tickets are not legally enforceable unless served by a real person or if you respond to the mailing (waiving your right to service). However, I can't find an exact answer on red light camera tickets. Some places say it's the same as speeding tickets, some don't. The big difference I think I've found is that a red light violation is criminal, while a speeding violation is civil.

Anyone can help?

 

[musicman654321]

Yes, I believe that they can serve you by mail ... did you not google the statue?

Good luck.

 

[surfer349]

yes, of course I've googled the statute, hence the statement saying i've read conflicting arguments.

so why would it be legal to serve by mail for red light tickets and illegal/non-enforcable for speeding tickets?

 

[musicman654321]

so why would it be legal to serve by mail for red light tickets and illegal/non-enforcable for speeding tickets?

The legislature makes these determinations. It could the that the furor in AZ about red light camera tickets had an effect on future legislation. Or it was just part of the bill proposed. Find the legislators who penned both bills & ask them. Most are happy to talk about "successful" bills.

Seems like you already know the law .. any more questions?

 

[The Occultist]

If it was sent standard mail, then it's likely you can ignore it. If it was sent via certified mail, it's possible that a judge will rule that is a proper serve.

Now, even if it was not a proper serve, by ignoring the citation, all you're really doing is simply delaying the invevitable. Yes, a lack of proper serve will allow you to beat the charges for a potential FTA charge, but you'll still need to face the original charge.