Asked about 1 year ago - Scottsdale, AZFlag
Just wondering if there is a way to get out of a photo radar ticket? I have received two of these (one of them 7 months ago for going 12 miles per hour over in the Phoenix, AZ metro area; and a 2nd one in a different arizona city (Star Valley, az) 2 weeks ago for going 11 over (56 in a 45)). I have an AZ commercial drivers license, so I am not eligible to go to traffic school. In both instances I was driving a non-CDL (personal) vehicle. I paid the one 7 months ago, but then got the 2nd one in Star Valley which I had never been through, and didn't see the lowered speed limit sign while coming into town, when it was dark. Just curious if there was a way to fight or get out of the most recent ticket or photo radar tickets in Arizona in general?
You can always fight the ticket. Your chance of winning depends on the facts of your particular cases.
There is no "general" way to get out of a ticket. If you were properly served with the ticket, you need to show up to court and fight the charge. If you are wanting to fight the ticket, I suggest consulting with a lawyer in your area. A lawyer can listen to the particular facts in your case to come up with the arguments that will have the best chance at success in court.
There are several lawyers on this site in you area who have successfully challenged traffic tickets on numerous occasions. I recommend you give one of them a call.
You have four options upon receiving a photo-ticket in the mail in the State of Arizona. The first option is to accept responsibility and pay the ticket. Be aware that such tickets may carry points which add to your insurance-risk and costs.
The second option is to attend traffic school, if you are eligible (you may attend only once every two years). This avoids points being added to your license, but the school can be costly and time-consuming.
The third option is to respond to the photo-ticket that you received in the mail and fight it in court. Generally, the mailed ticket will have complete instructions on how to proceed with these first three options. What they won’t tell you about, is your fourth option.
The fourth option is to ignore the ticket–that’s right–ignore it. In Arizona, a civil traffic ticket is a complaint and an accompanying summons must be served on you. When the police write a ticket, the form is actually a “Complaint and Summons.” Valid service of a complaint is accomplished by actually handing the ticket to you (police ask you to sign the ticket when you get one in-person to prove that you were aware of service). Service can also be accomplished by leaving the summons and complaint at your residence with a person who is at least 16 years old, and who lives at the residence.
If that happens, do not ignore it. Once it is actually served, you must answer for it in some manner. If you do not answer for it, you may lose the case by default, your license could be suspended, and you may be responsible for collection fees. If you are served, you fight the ticket and lose, you will be responsible for paying for the cost of service of the summons in addition to the fine–generally service costs about $35-$50. The police have only 120 days from the date of the alleged violation within which to serve you.
If you have any questions about this, or any other legal issue, please feel free to contact Nesci & St. Louis PLLC at (520)622-1222, or visit us on the web at www.AZDefense.com.
25,327 answers this week
2,615 professionals answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary