AZ Law (Photo Traffic). If I attend court ordered hearing, can I assert court's "lack of personal jurisdiction" defense

Asked about 2 years ago - Sun City, AZ

Arizona traffic law - Civ Proc. Rules.

I recieved a "photoenforcement" speeding "Notice andf Traffic Ticket" by first class mail, no receipt required.
As a pro se defendant, I filed a Motion to Dismiss for lack of personal and subject matter juridiction and hand delivered to the court clerk. The court enetered the motion on their docket. El Mirage has not ruled on the motion but sent me an "order" to appear on a date specific (with all of the usual civil warnings) - again by first class mail, no receipt; mailed 12 days before the court date.
If I appear as directed, presumably for a hearing and/or trail --- will I be waiving my defense assertion that the court lacks personal jurisdiction as prescribed by Az Civ Proc.?
--- (It appears that AZ Civ Proc is ignored on these photo tickets)

Attorney answers (1)

  1. Ryan John Stevens

    Pro

    Contributor Level 11

    2

    Lawyers agree

    1

    Answered . You very well may have waived your lack of adequate service defense by filing a motion in response to receiving the ticket. For future reference, ask for a free consultation with a criminal defense lawyer before responding to a photo radar ticket in any way.

    Generally, the act of showing up to challenge jurisdiction does not waive the challenge to jurisdiction.

    Lastly, always make sure you are citing the right set of rules. You might want to consider reading the Rules of Procedure in Civil Traffic and Civil Boating Violation Cases.

    It can be very difficult to represent yourself when there are so many rules and legal principles at play. I recommend calling a local attorney to assist you.

    Best of luck to you.

    Ryan J. Stevens
    Griffen & Stevens Law Firm, PLLC
    609 N. Humphreys Street
    Flagstaff, AZ 86001

    Flagstaff-Lawyer.com

    This answer does not include any legal advice. You should personally contact an attorney. This answer does not... more

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