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February 25, 2007

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FubarAZ

A member of your family or anyone residing at your address, even temporarily such as a seasonally visitor, can accept service of process if “of suitable age” (Over 13).

Frank Rumbauskas

The Scottsdale P.D. must have given you that bit of misinformation, because that's not what the Maricopa County Superior Court says. They say it must be served on an ADULT over the age of 18 residing at that address, and that the process server must positively identify that person.

If Scottsdale tries to stick you with a ticket based on the standards you posted, pay $35 to appeal to Superior Court and they will dismiss it and order Scottsdale to refund your fine, and reimburse you for the appeal cost.

Lane

I've been reading over your articles, and it's refreshing to see someone tell it "like it is". I live in Scottsdale and most all of what you state here resonates strongly with me. I can't wait until 2008 when I can vote Manross out of office for good.

Doug

You are 100% right with this photo radar ticket business. However, did you know that even if you do get served, you still have another option out of the ticket. It is your right to question your accuser. So go to court and tell the judge that you want to question your accuser. The camera certainly cannot come to court, let alone talk. The judge should throw the ticket out.

Keith

I know of someone that tried the " question my accuser " route. It failed, because, apparently, Scottsdale has a "police anaylist" on staff that testifies as " the accuser" and says things like " I have 425 years of combined law enforcement experience reading photo radar results - blah, blah, blah..." and so acts as the officer on the scene at the time of the alleged crime. I'm sure if someone dedicated the time and resources to a supreme court appeal, this would go away, but that is how photo radar keeps working in the Hazzard county of AZ - Boss Hogg knows you won't waste that much time and money over a $150 ticket - we'll just pay it and go on with our life. As much as I hate it, I admit, I have better things to do with my time and money than waste it in the AZ court system, so goes the cycle... but hey, I'm not an activist, I'm a capitalist and it is a cost of doing business.

FRANK'S COMMENTS: All you have to do is appeal to Superior Court for a $35 fee. They really frown on Scottsdale's questionable court practices and throw out nearly all photo radar tickets that are brought before them.

Gary

I agree that photo radar is an extortion scam being run on all of us residents and I also agree that legally you can ignore the tickets if you get one in the mail and they have to try and serve you. However I have also heard Many horror stories about people getting their liceenses suspended (Illegally of course) by the crooked court system. After you get picked up for driving on a suspened licenese that you didn't even know about because the process server never actaully served you at all and lied and said they did or the Scottsdale court just wants all the money and REALLY DOesn't care how the law reads they just suspend your license anyway. Yes it isn't legal and yes you can take time off of work and hire a lawyer and get it reversed but who are you also going to get to drive you around and to work while all this crap is going on ? We are dealing with a TOTALLY crooked pair of judges that over see these tickets that are likley getting a kick back from the revenues from the tickets, I REALLY REALLY hate to admit it but i can't afford to get my license suspended and not be able to drive so I would likley just pay it and Hope to god somebody has the time and money to appeal this to the US supreme court and get this illegal extortion STOPPED for good.. I would also like to see those judges do some jail time as well.. they sure should as they ARE breaking the law to illegally extort money from residents.. If there is another way out i would love to hear it...

Nic

I got sucked into their trap and paid the last ticket I got from Photo Radar. The judge wouldn't allow me to file a time extension on traffic school because they just wanted my money. But, on my last trip down to Phoenix, I'm in Prescott, I recieved another photo ticket. I am so mad. Everyone says not to pay it or even admit it was me driving. I don't want my licsence suspended. Angel Radar found my name and attempted to solicit their help to get me out of the ticket. Are they legit?

Totally_Pi$$ed

I have a couple of questions for anyone who has recently experienced this rip-off or knows anything about it. I am familiar with the legal concept that says that an individual must be summoned to the court via due process, and that you must be served that summons personally, but has anyone had the experience that you ignore the mail notices and then a server comes and delivers a notice to someone else in your home? If so, what is the definition of “positively ID” the surrogate person being served? Do they have to get a signature, or see the person’s driver’s license or state identification card? How does this affect the following precedent?

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.

Where can I find information about the procedure to file an appeal to the superior court to have the resulting default judgment in the Scottsdale court overturned?

TIA

George

In response to Gary above, YES, Angel Radar are legitimate, and they sell ON TRACK anti-photo license plate covers (Super Protector multi-angle anti photo radar and red light camera covers). They work great, and they sell tons of them in AZ. The manufacturer of these covers can be found at www.ontrackcorp.com

Hope this info helps.

Frank Rumbauskas

Last year the Arizona Legislature, in response to the expansion of photo radar by Scottsdale, passed into law a bill stating that no license plate covers may be banned or ticketed by police. So you're good to go on those.

Michele

If Angel Radar is legitimate, what are the "Three Simple Steps" that they request you follow to get a photo radar ticket dismissed? I haven't found anyone that has used them and is willing to disclose the information. Does anyone the steps to follow?

M Good

Here's one that I havn't seen before. I have a anti-photo cover on my license plate and recently I was stopped by the Gilbert AZ police. The officer informed me that "it is illegal to put something over a license plate that impedss photo radar." Then I was given a traffic ticket for an illegible license plate. I have a court date in December because I wanted to question my acuser. I felt that the the ticket was issued because the officer disaproved of the couver and ledgibility had little to do with it. I have no doubt that I will loose this challenge. because it comes down to a police officer's word and judgement against mine.

MARTYMAN

Does anyone know the legit answer to license plate covers in Maricopa county, any counties or AZ? They legal or not?

thanks for the info

Frank Rumbauskas

Yes, they are legal. Go to court if a corrupt cop tickets you for having one. This has been discussed to no end on here and specific statutes and cases have been cited.

John

How long does it ususally take from the time you think might have gotten photo radared to the time the ticket comes in the mail?

rjb

I just got a photo radar ticket in the mail. The incident took place on October 25th. I was at work, and actually lent my car to a colleague who was from out of town. So my question is, if I appeal the ticket and say I was not driving would I have to give the name of the person who was driving? If so, and they are out of state would they receive a ticket in the mail then? How does that work and what would you do?

Frank Rumbauskas

Yes, under Scottsdale's policies, you either tell them the name of the person who was driving your car, or you get the ticket yourself. You used to be able to simply say "it wasn't me driving, it's not me in the photo," but too many people were doing that so they started their policy that you either give them the person's name or it's your ticket.

Your best bet is to ignore it and don't answer the door for strangers.

Disclaimer - This is not intended as legal advice, if you need legal advice then contact a licensed attorney.

Ryan

I had heard if you get a photo radar ticket and are not served within 90 days, they have to throw the ticket out and you're free and clear. Any truth to that?

Frank Rumbauskas

It's 120 days.

Tim

If your out of state and they send it to your summer home, really no way they can serve you right? I would assume out of state nothing they can really do right?

phil mapp

I got the second step of the photo radar ticket in the mail... the non-payment default judgement letter from the State of Az. vs. "me"... with- if I don't pay now then, the threat to suspend my license; garnish my wages; report to the credit agencies; attach my tax refund; and forward account to a collection agency. Has anyone had any of this done to you by Scottsdale? If so, how did you make out?

Frank Rumbauskas

If you got a default judgement but the ticket was never physically served on you, you need to file an appeal with the Maricopa County Superior Court, I believe the cost is $35. They will overturn the ticket on appeal if it wasn't properly served.

John Doe

I have received a photo speeding ticket in the mail . And I sent back a Motion to Dismiss which has been completely revised and is based on State law and recently decided appeal cases including the Gillespie case. I just received a court date to argue juristiction if anyone can help let me know

Frank Rumbauskas

You lost your case when you filed the Motion to Dismiss. The only reliable way to beat photo radar is to IGNORE the tickets because, as long as you ignore them, they are invalid under Arizona state law. As soon as you admit that you received one (which you did when you file the Motion) you validate that you received the ticket and then it's impossible to beat without an appeal to Superior Court.

Never, never, NEVER acknowledge receipt of a photo radar ticket. NEVER!!

karim

i got a photo radar ticket while in AZ sent to my old address in IL (where my Driving license is issued)- do i need to respond? what happens if i just ignore it? would the court follow on that charge?

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