Asked over 3 years ago - Phoenix, AZFlag
I was only driving 67 in a 55, following the flow of traffic. The catch is this: I also received a second notice in the mail that has a scheduled court (arraignment) date later this week. Citation was from January, so the 120-day rule has long since passed now in September. My concern is if I ignore the ticket/court date (even though I wasn't served) that I will be fined and my license will be suspended. But if I go and fight it then I'm admitting receiving the ticket which is considered service by the courts standards, correct? Then, I risk 'losing', having to pay multiple fines. A 'Catch-22' situation... Thanks for any assistance.
For a traffic ticket you don't have to be served by a process server. That letter you got in the mail was good enough. BTW, following the flow of traffic is a popular excuse for breaking speed laws that has absolutely no validity. You better come up with something better than the defenses you presented here.
Negotiating a good resolution given the circumstances of your case will take an attorney familiar with the policies and procedures of the court where the matter is pending.
It would be worth your while to consult with a traffic attorney familiar with the judges and practices in the court where you received the ticket to explore your options.
Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
24,797 answers this week
2,568 professionals answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary