Arizona Photo Enforcement Ticket: How to Beat It and Keep Your Conscience Clear

Categories: News

pick axe speed camera.jpgPeople ask us all the time: What can I do about that nasty photo radar ticket I got in the mail?

The answer: Nothing.

Literally. Chuck it in the trash.

It's perfectly ethical -- just look at the ticket's fine print. You see, for photo enforcement citations to be valid, the state Supreme Court rules say it has to be properly served to you. And the U.S. Mail won't cut it. So, the ticket asks you to sign a waiver of your right to proper service and mail it back to the authorities.

We ask you this one simple question: Why waive that legal right?

Make them come to you. And if they don't bother to do that, or if they simply don't come while someone's home, the ticket becomes legally dead in a few months. That's right -- totally dead, as in dismissed. No suspended license, no problems during police traffic stops, no penalties.

We're not even saying you should try to avoid the process server who may try to deliver the ticket. Let fate decide it: If you're home and they knock, c'est la vie.

The only penalty for doing that is roughly $25 on top of your $180 or $250 fine. You won't get better odds in Vegas.

The ethical questions pop up when you talk about proactively dodging the server. Of course, some of you may wonder about the ethics of photo enforcement itself, so maybe it's all a wash.

Still, even though the process servers may be hired by a foreign firm that's out to make a profit, (the Arizona Department of Public Safety uses the Australian photo enforcement vendor, Redflex), they are bona fide court officials under the law. Telling your kids to be quiet and turn off the lights while a guy is banging on your door yelling "Officer of the court!" -- that's just lame.

One other thing to remember: The process server might not be from Redflex, and what he's trying to give you might be something you actually want.

francesca cisneros.jpgWe studied up on photo enforcement for you last year and published a feature article, "Gotcha!", that will answer many of the questions you may have about your right to process service, the Supreme Court's sweet 120-day rule, and other methods people use to beat the tickets. For instance, you might find it interesting to know that if drivers of vehicles registered to corporations and family trusts ignore speed camera tickets, they don't even get process-served. The ticket just goes away.

There are some good books out there on the subject, and some folks want you to pay big bucks for this information, like Angel Enterprises. But the above-mentioned article tells you all you need to know, and it'll cost you nothing but a mouse click. -- Ray Stern


UPDATES:

HOW TO BEAT IT MAILBAG

 

HOW TO BEAT IT MAILBAG 2

 

OUT-OF-STATE RESIDENTS

 

 

My Voice Nation Help
10 comments
stephendmarlie
stephendmarlie

I got a photo radar ticket sent to my house from August 1 which came to my house October 20 he said my name who are you wrote were behind the Tempe screen I said who are you and what you want and hematin screen again said are you me message while you were what you want said you have an ID to prove that you're not you I sent him arrested silent You've been served I'm a leave the paper outside your screen door I'm outside and he left

Cassie
Cassie

I got a photo ticket sent to one of my relatives house out of town and I still havent received it personally, the picture is definatly of me but it says it was taken at 2:16pm on a Thursday on 19th and thunderbird. I was supposedly going 24 in a 15 school zone, but first off I go to school monday through thursday from 6pm to 10pm and I leave my house no earlier then 535pm, and I ONLY drive down 19th on my way to school, so there is NO WAY that that photo was taken at 216pm, second there were no 15mph signs up the schools would normally have up, third in my picture there is a speed limit sign above my car reading 40 MPH!!! and finally, I know for a fact that I wasnt going down 19th at 216pm because I was at home on my ONLY DAY OFF cooking for a pot luck at my school and i wasn't done cooking until 430pm. Now, I've been told I should ignore it, or I should fight it! I work two full time jobs and go to school full time! I dont have the time do sit in court or deal with this crap!! these photo enforcement cars are CRAP! NO TICKET SHOULD BE VAILD UNLESS HANDED TO YOU (SERVED) BY AN ACTUALLY POLICE OFFICER!!! Stuck

Onlyeyecandy
Onlyeyecandy

What if they serve a Nabor Doing the yard work? They never gave to me the driver directly.

357jill
357jill

I know this is an old article, but I will ask anyway.  I got one of those photo enforcement tickets in the mail from when I was on a business trip in a rental car in Arizona.  I am from California.  Planning on fighting it, I signed the "I want to fight the ticket" part and sent it back.  My court date is next week.  Because I signed it, did I give up my rights to be properly served?  :()

Bratboy90
Bratboy90

I accidentally went online and checked my ticket. Its all recorded with video. Photo is only to identify you and the car. The video can show you did or didn't stop. I've seen this happen a few time to people beside me turning. Im going to wait to be properly served. Then go to court as the video shows im driving the same speed as everyone around me. 47 in 35the it claim. I wasn't but even if I was, everyone else thought that speed was reasonable plus its a three lane road with no housing nearby. These cameras are retarded. Even though you check online btw it doesn't mean you agree to being served as federal proper serving is via a human being. Cameras are illegal anyways as you are legally allowed to see the face of your accuser in court. Um last I checked a camera doesn't have a face and I doubt my camera will show up in court. Camera=illegal Minnesota outlawed them due to my last statement.

Darron
Darron

I agree that you should not waive your right to be personally served. At http://servenashville.com we do not serve these types of papers but we would encourage you to accept them if a server comes knocking.

linspin
linspin

Did you get a response to this? I had a very similar situation. I was in a rental car in Phoenix and live in Florida. I got caught possibly going through a red light. The notice came to my husband asking him to identify me. Can he ignore it? Did anyone serve you in Florida?

Mxva
Mxva

You guys are giving these people bad information. I ignored mine, and my license was suspended. I had to pay the fine and additional fees. On another occasion, I did beat the ticket, and I did so by filing a motion to dismiss in Phoenix... I filled out the page, and a couple weeks later, got word that it was dismissed. The arguments I used were sufficient. I have gotten a 3rd one recently, and this time in Tempe. The court would not accept my request for a motion to dismiss and forced me to set a date for a hearing.

Carolenr
Carolenr

Is there a website to check to see if a photo ticket has been dismissed without paying a fee or admitting receipt?

marielena
marielena

yes just go to arizona judicial branch case look up, search by last name, name and date of birth, if there is an open case for civil trafic violation, it will pop up there.

Now Trending

Phoenix Concert Tickets

From the Vault

 

Loading...