Will arizona serve me from camera speeding ticket in New York?

[rockstar84]

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

I have a clean new york state license but recieved a ticket from arizona on new years eve. I was doing appx 52 mph in a 40 zone. I got this ticket Saturday and might have more on the way.

Does anyone know for sure if arizona would send someone or hire someone to serve me here in New York? I've been told that they must serve you within 150 days from the date of the occurence, which wa already over 60 days ago. The AZ lawyer i spoke to said that she has heard of people being served in Vegas and california but never heard of them going as far as New York to serve someone for a traffic ticket. This ticket will supposedly give me points on my license, and I can't have that.

Need help!!!

 

[Maestro64]

The question is were you served or just got a notice in the mail. If it was just a notice in the mail, then you were not legally served as the law in AZ requires and therefore, by law you do not have to pay.

However, here is the reality of your situation. you can ignore the tickets, however, all AZ will do then is notify NY of your failure to pay. NY will not care whether you were legally served as defined by AZ law, they will force you to pay no matter what or risk your license being suspended. The other issue you will have to deal with is governments are very slow and never forget so it may take months or years before this all comes to a head and you may forget about it all and before you know your license is suspended.

As you can see they hold all the cards, AZ does not have to prove a thing, not even that you were the one driving and they can hold your license and driving privileges in another state as ransom to get you to pay.

Either hire a local lawyer to fight it for you or pay if your not interested in hopping on a plane to AZ.

 

[I_Got_Banned]

It is not difficult to "legally serve you" no matter how far you are. All they would have to do is send you the notice by certified mail... once you sign for it, that is considered "proper service".

Also, you stated:

recieved a ticket from arizona on new years eve. ... I've been told that they must serve you within 150 days from the date of the occurence, which wa already over 60 days ago.

What calender are you following when making that statement?

If it was new years eve 2009, and considering that today's date is March 2nd, then it has only been 61 days since the date of occurence.

If it was new years eve 2008, ten it has been over 60 days since the 150 day period has ended.

The AZ lawyer i spoke to said that she has heard of people being served in Vegas and california but never heard of them going as far as New York to serve someone for a traffic ticket.

If a process server is gonna call another to request his assistance in Nevada or Calfornia, then what's to stop them from calling one in New York or Alaska for that matter...

Besides, like Maestro said, typically, interstate cases like these can end up being a big complicated matters due to differences between the two different state's statutes.

Boils down to this... if they want your money bad enough (and nowadays they're desperate for every penny) they will either dig you up or complicate your life enough to get it!

 

[Jim_bo]

It is not difficult to "legally serve you" no matter how far you are. All they would have to do is send you the notice by certified mail... once you sign for it, that is considered "proper service".

Do you have a link to the Rules of Court or an AZ statute that verifies this? Anyone can sign for certified mail... not just the addressee. I know that different states have different rules for service concerning different issues. Some places allow you to leave a summons at the doorstep. Some require you to personally deliver it. I have read many posts that AZ requires personal delivery (i.e. certified mail won't cut it.) I'd like to see what you have that clarifies the situation.

 

[You Are Guilty]

Incidentally, NY will not recognize any points on your license as a result of this ticket (should you plead/be found guilty), so one less thing to worry about.

 

[rockstar84]

Are you sure they will not give me points on my license? It's so hard to get reliable answers from people because everyone gets there info from different sources.

The ticket was from 60 days ago, this past new years eve. If it were from 14 months ago and I just recieved it in the mail I would laugh and not bother to post a thread about it.

I was told by the arizona traffic attorney that if htey do not SERVE me within 150 days from the date of the occurence, that the ticket would be dismissed and everything would disappear. She tells me that, but then somebody is telling me that these things take a long time to go through the computer and that this can come back to haunt me in a few years? I don't think that is the case. I think I have to be served, but I'm not sure if they would bother since theres probabky hundnreds of people a day getting tickets from each camera and I live so far away...i would think its easier to go after the local people. It took them 60 days just to get me the notice in the mail.


And YES, it was just a ticket in the mail. I didn't sign for anything.

I did log onto the website, enter the code, and watch the video of me driving through the intersection. I saw on one site that that is enough to prove that I got the ticket because I watched the video of it on the internet. The lawyer told me that she never heard of that, and even if so that I would just be able to say that I wasn't the one who opened the ticket and never got the envelope.

I need somoen who has been in this same situation and not paid. I need to find someone living in New York who had the same thing happen to them in arizona, but how?

 

[rockstar84]

Do you have a link to the Rules of Court or an AZ statute that verifies this? Anyone can sign for certified mail... not just the addressee. I know that different states have different rules for service concerning different issues. Some places allow you to leave a summons at the doorstep. Some require you to personally deliver it. I have read many posts that AZ requires personal delivery (i.e. certified mail won't cut it.) I'd like to see what you have that clarifies the situation.

I've had a hard time finding information on this. I read that in AZ they can just leave it on the door if it appears that someone is home. They can then consider you served.

I haven't been able to find out what the laws are about this in New York. What if I just gave the mailman 100 bucks to say that no one is home whenever he comes to this house? LOL

 

[The Occultist]

Do you have a link to the Rules of Court or an AZ statute that verifies this? Anyone can sign for certified mail... not just the addressee. I know that different states have different rules for service concerning different issues. Some places allow you to leave a summons at the doorstep. Some require you to personally deliver it. I have read many posts that AZ requires personal delivery (i.e. certified mail won't cut it.) I'd like to see what you have that clarifies the situation.

This suggests that you are completely wrong on all counts:

Arizona Rules of Civil Procedure, Process Serving Laws ? ServeNow.com

You have read many posts on AZ on this forum? Doubt it. The only AZ vets here are myself and Fairisfair (whom I've not heard from in awhile).

As long as it's merely sent First-class mail (doesn't even need to be certified), it's good. If it is delivered by the Sheriff (or one of his deputies), it doesn't even need to be delivered to the actual defendant, just pretty much anybody residing there.

None of this is truly relevant to the OP, however, since AZ cannot serve beyond state lines and be able to expect any true authority with it.

 

[LSCAP]

I suggest you re-read what YOU ARE GUILTY said,

It’s a national thing. Points in another state do not count in your resident state.
( I wish to heck I could remember where I read that, it was just a week ago.)
But, Failing to pay the fine can hold up, or suspend, your license forever.

It was on a local radio show. A worker in the show had a parking ticket, 30 years ago in GA.
NC had already held up his license for two years.
GA wouldn’t take the money (though he was sure he had already paid it) because they no longer had the record.
Only because it was broadcasted on the radio did NC give up and give him his license.

It would be cheaper to pay the ticket.

 

[I_Got_Banned]

Do you have a link to the Rules of Court or an AZ statute that verifies this? Anyone can sign for certified mail... not just the addressee. I know that different states have different rules for service concerning different issues. Some places allow you to leave a summons at the doorstep. Some require you to personally deliver it. I have read many posts that AZ requires personal delivery (i.e. certified mail won't cut it.) I'd like to see what you have that clarifies the situation.

Hey Jim-bo, its been a while since you have actively policed the forum. Good to see you back on top of things... Or so it seems!

Considering the fact that the recipient, whoever that maybe, is supposed to sign and print their name on a Certified mail receipt, it would be easy for the sender to determine whether the OP/defendant did in fact receive the article thereby completing the service process.

Oh, the one small detail that you might have missed by being so anxious to "bitch and nag" (for lack of a better term) is in the same statement that you quoted.

I said: "once YOU sign for it".

By the way, I'd like you to know that I am not bothered by you questioning my every word, no matter how irritating or obnoxious you try to be. Quite the opposite; I have always enjoyed a challenge. Especially those which I can easily quash!

With that being said, and if you have any desire to learn anything about the AZ vehicle code, penal code, rules of court or any other matter related or not, either look it up yourself or find another gopher to do that for you!

I am under no obligation to "run things by you" before each and every post. If I do in fact post some incorrect information, then please, by all means, feel free to correct me. Otherwise, your better off staying off of the "QUOTE" button.

Your ongoing scrutiny of each and every word that follows my screen name negatively overshadows any positive contribution that you might otherwise make here. This forum can and will do without your unjustified, unneeded and ongoing negative, critical attitude.

Thank you for your understanding!

 

[I_Got_Banned]

What if I just gave the mailman 100 bucks to say that no one is home whenever he comes to this house? LOL

Bribing a federal employee is a crime in and of itself... Stick to speeding you'd be better off!

 

[rockstar84]

This suggests that you are completely wrong on all counts:

Arizona Rules of Civil Procedure, Process Serving Laws ? ServeNow.com

You have read many posts on AZ on this forum? Doubt it. The only AZ vets here are myself and Fairisfair (whom I've not heard from in awhile).

As long as it's merely sent First-class mail (doesn't even need to be certified), it's good. If it is delivered by the Sheriff (or one of his deputies), it doesn't even need to be delivered to the actual defendant, just pretty much anybody residing there.

None of this is truly relevant to the OP, however, since AZ cannot serve beyond state lines and be able to expect any true authority with it.

So, your last sentence is saying what exactly? I don't have to pay the ticket because arizona can not serve anyone outside of state lines with any true authority? Is this whole thing just a big joke that most people pay without looking into or am I truly screwed if I blow this off?

 

[Maestro64]

Look AZ requires these tickets be served in person by an officer or a Process server. Yes there is number of posting on here about this subject, even a women who claims the person had he daughter sign for it who was like 12 yrs old and the courts considered served even though the adult claimed the daughter never gave it to her. Sending in the mail is no proof you got it, same goes for certified mail, many people do not sign for mail which they do not know who it is coming from. I ma one of those, nothing come form signing for something your not expecting.

If you live in AZ they have to serve in person, otherwise you they can not prove you were ever notifies of the offense since this is usually required by the courts before someone can be prosecuted.

As I stated before, being out of state, AZ can pretty much do what they want, because if you do not pay they will notify your home state and they will make you pay. AZ does not have to prove a thing to your home state, they can just make the claim and that is all.

On the points item, some states will assign points for tickets you receive in other states, NY is one of them. I am not sure if it true for any state, however, get a ticket in NJ will get you points on NY. Same goes for getting a ticket in Canada, it will cause you to have points on you NY license.


One last thing, even if AZ does not notified NY, all the DMV databases are linked today, at some point NY may see you had an unpaid ticket in AZ and choose to suspend your license anyway. Then have been a number of post recently of peoples licenses being suspended for ticket that date back 25 yrs from other states.

 

[Jim_bo]

Hey Jim-bo, its been a while since you have actively policed the forum. Good to see you back on top of things... Or so it seems!

Wow... what crawled up your butt? I asked you a legitimate question for my own edification after you made a post representing yourself as being knowlegable about AZ law. I don't think my post was negative or confrontational, however, your response certainly was.

If you don't know the answer to the questions I asked, or if your original post was not based on a good knowlege of AZ law... just say so. No need to bite my head off.

 

[Jim_bo]

Maestro makes an interesting point. It is the inherent contradiction of the "failure to be served" defense. Basically, your defense has to be no response. So, if the court decides to try you in absentia and find you guilty, how do you correct that? If you respond to the court, then you are admitting service. If you remain silent, then your possibly improper service goes unchallenged. My experience is... legal issues should be dealt with assertively. Trying to avoid service is only a passive defense that removes all control from you.