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  #1  
Old 03-05-2005, 01:10 PM
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Join Date: Mar 2005
Posts: 2

Statue of Limitations: Camera tickets?


AZ:

I received a camera ticket in the mail and after doing some reading online, decided to just ignore it. I figured the odds that I would eventually get served the ticket and have to pay extra for the process server was worth the odds that I'd never see repercussions from the ticket at all. So here's my question: how long does the state have to serve me the ticket? CA law is clear and defined, but AZ law has been frustratingly vague to try and track down. (And I'm sure you can understand why I don't want to just call and ask. )

The ticket was issued the last week of November 2004, although I didn't get my first notice in the mail until almost a month later. According to the ticket, I am supposed to appear in court this Monday.

(At this point I should note that I had someone come asking for me today, who I believe was a process server, but I was not served.)

Will it be likely that they will reattempt the serve? Or was this their last-ditch effort to get me in court on Monday and since it failed they'll just write it off? I know they can extend the length of time the court has to serve me with "reasonable cause", but what is reasonable, and even if they DO exercise that option, how long can they stretch it out? If they don't, what is their time frame? Three months? Six? Nine?

I appreciate any help you can offer! I swear I'm not a crazy scofflaw driver, the lights just caught me off guard.

ETA: this is a red light running ticket, not a speeding ticket.
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  #2  
Old 03-05-2005, 02:09 PM
seniorjudge
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I received a camera ticket in the mail and after doing some reading online, decided to just ignore it. I figured the odds that I would eventually get served the ticket and have to pay extra for the process server was worth the odds that I'd never see repercussions from the ticket at all.

This was service.

If you do not show up for court, then there will probably be a warrant issued for your arrest.
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  #3  
Old 03-05-2005, 03:01 PM
NotACopOrLawyer
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Here's "on point" case law


Here is Arizona case law on the "service" issue, from highwayrobbery.net.

[url]http://www.highwayrobbery.net/TickRedCamArmeycasesazappeal.asp[/url]

Not a Cop or Lawyer... or a Judge
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  #4  
Old 03-06-2005, 01:23 AM
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Join Date: Mar 2005
Posts: 2
Quote:
Originally Posted by seniorjudge
This was service.

If you do not show up for court, then there will probably be a warrant issued for your arrest.
No. This is the only part of this process that I AM clear on: in order for the ticket to be considered duly processed, I must acknowledge receipt of the mailed summons, or they must prove that I have received the ticket, generally by way of a process server.

As you can see from the link NotACop posted, that case was dismissed because the summons was not duly served.

Here is the actual written Court Rule:

[URL=http://azrules.westgroup.com/toc/default.wl?strrecreate=yes&ofindtype=V&errhost=azrules%2Ewestgroup%2Ecom&odocname=AZ006335891&findty pe=X&odb=AZ%2DRULES%2DWEB%3BSTAAZ&vr=2%2E0&docname=AZ006321537&db=AZ%2DTOC%2DWEB%3BSTAAZTOC&rs=WLW2% 2E07]Court Rule[/URL]

After some more research, I have determined that I must be served within 120 days, unless the plaintiff requests a reasonable extension. But I have no idea what constitutes reasonable, nor for how long this extension can be. I guess I'll just wait and see.
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  #5  
Old 03-06-2005, 10:22 AM
NotACopOrLawyer
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Posts: n/a

Please post text of the rule


I tried looking at the court rule "mrstwo" linked to, but before Westlaw will let you look at it, they want you to fill out a long form. Most readers of this forum, including me, won't take the time to do that. So, to "mrstwo," could you please post the text of the rule here on this forum?

Thanks,

NACOL... OAJ
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  #6  
Old 03-06-2005, 09:43 PM
Junior Member
 
Join Date: Mar 2005
Posts: 4

Highway Robbery


I'm in the same boat as "Mrstwo," and this is what I think of these "highway robbers" that make shorter yellows at lights with the most problems. They increase the danger all for the sake of money. Engineers in the past would lengthen the time and thus reduce accidents. But when cameras made millions for cities, out goes the safety for the public . Former House Majority Leader Dick Armey noted this federal crisis in his writing "The Red Light Running Crisis-Is it Intentional?" May 2001.

Highway Robbers
>
>
>
>I wonder if it's safe out there
>
>With highway robbers everywhere?
>
>They set their traps and wait for you
>
>In bushes, buildings out of view.
>
>
>
>Then when you pass inside their zone,
>
>They spring like bowsers for a bone;
>
>With jaws agape and fangs that bite
>
>The dogs all pounce and hold you tight.
>
>
>
>They hunger for a pound of flesh
>
>With nashing teeth that clamp and mesh;
>
>They rip and tear your corps apart
>
>Until they see your beating heart.
>
>
>
>They lick their chops and eat it whole
>
>Then look to find your sacred soul;
>
>Banditos from the devil's den
>
>Are evil creatures without end.
>
>
>
>I've learned it's never safe out there
>
>With highway robbers everywhere;
>
>They wear a badge behind the law
>
>Designed to simply have a chaw.
>
>
>
>Their sirens blare and red lights flash
>
>Because they want to steal your cash;
>
>Their cameras click on license plates
>
>Until these scoundrels seal your fate.
>
>
>
>February 26, 2005
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