1FastS2k

So as some of you guys may know, I got a photo radar ticket from the city of Mesa. Apparently those red light cameras are also speed cameras. A process server came to the house yesterday and left a copy of the ticket.

Anyways, has anyone used an attorney to fight these and if so, who did you use and how much was it?

turbo_pwr

Did you personally get served or did he just leave the ticket?

"Photo radars and red light cameras are being used in more Arizona cities and counties for catching violators and to increase revenue. Pima County, Phoenix, Mesa, Paradise Valley, Tempe, Tucson and Scottsdale Arizona are some of the cities currently using red light cameras and photo radar cameras. A camera takes a picture of the speeding car or red light running vehicle and the license number is used to track the owner. The city then mails the ticket which indicates the driver is required to sign and return. The only problem is that the Arizona courts have held that service by mail is illegal. However, by signing and returning the traffic ticket, the driver has waived his right to be personally served.

Court of Appeals of Arizona, Division One, Department C 171 Ariz. 449; 831 P.2d 448; 1992 Ariz. App. May 12, 1992 The appellant's recourse when a defendant fails to execute the acknowledgement of receipt is to continue the hearing and serve the complaint by some other authorized method. See Ariz.R.Civ.P. 4.1(c)(3). Until the magistrate's court obtains personal jurisdiction, it has no power to enter an order of civil sanction against a defendant.

However, if there is an allegation that you were personally served, perhaps at an old address, the Arizona court will suspend your license if you fail to acknowledge the summons. If this should happen to you, retain an Arizona traffic attorney to have the speeding ticket dismissed for lack of service. The court can then attempt personal service."

Manga_Spawn

Yeah it is my understanding that unless he actually handed you the ticket you don't need to worry about it.

xeuxx

Unless they are a scumbag and lie about handing it in person.

1FastS2k

They served it to my significant other, who served it to me.

9KRDLIN

Then you be boned. And yes, the servers lie about actually serving you. I have heard of them yelling you have been served and dropping it on the door step if they see someone look through the peep hole or you look through the blinds. Hell, one claimed to be a package delivery driver, and when he got the person it was addressed to, he pulled the paperwork out from under the box. I personally have never been served. These are the stories I have heard.

Manga_Spawn

Have you been watching Pineapple Express a lot? Lol. I am not surprised if they do lie about that crap. Its your word vs theirs.

Chris can you not just do the class and get out of it?

Kyushin

My X, who I am still friends with is in the legal profession. I was told that it is actually very commin for the process server to slip the summons under a garage door or stick in the crack of the front door they say it was served. Your defense in court is basically equal to trying to disagree with a cops allegatoins in that its their word vs your word.

I would contact an attourney and let them handle it. IIRC they do not assess points, its merely a speed tax.

adrs2k

I would probably just pay it and move on. I guess I don't know the whole story though...is it expensive? Do you feel it was not justified and you are not guilty of speeding? Whats up?

1FastS2k

Honestly, I don't know how fast I was going. The light turned yellow as I approached the intersection. I glanced in the rearview mirror and saw the fat guy on the Harley right on my ass and decided to accelerate instead of slam on my brakes and have the guy potentially rear end me. I made a split second judgement call and I honestly feel that I wouldn't have gotten a ticket if an actual officer pulled me over instead of a machine with set parameters.

Apparently the red light cameras also double as speed cameras. The ticket get sent out at 11 mph over. I allegedly was doing 51 in a 40.

Rules with the cameras have changed. It is now considered an actual speeding ticket that comes from the police department and I believe that it counts as 3 pts on your license.