i received my notice of violation for speeding a few days ago. As of now, i have 2 options:
One is to send them the Notice of Violation back with a letter or note stating 1. it might be void because the 2 stamped dates are after 10 days of the violation. and 2. since the violation and car was sent to my parents (who the vehicle is registered to), for my parents to send copies of their driver's licenses saying it was not them driving and they cannot identify who it was.
The second option is to simply ignore the notice of violation and wait to be served, in that case, i would just take the defenseive driving class. However, i have read that Arizona has changed their laws so is it still a MUST for the ticket to be SERVED IN PERSON? because i do not want any suspensions on my license
I believe it to be void because the law states that the delivery of the notice of violation by mail must be INITIATED 10 days after offense. The offense was on 4/15, and the two stamps on the envelopes say 4/27 and 4/29, so even not counting 4/15 as a day, it would be past 10 days. am i correct?
Criminal Defense Attorney
I believe this question has already been answered for you. I want to clarify my previous answers to ensure that you are aware that if you ignore the Notice of Violation, you can potentially (unlikely, but it's possible) end up with a suspended license AND if they pursue other means of service of process on you, you're on the hook for the cost of that service.
However, you may be right that they missed their deadline. Rule 42 of the AZ Rules of Procedure for Civil Traffic Cases states: "A Notice of Violation is void if its delivery is not initiated . . . within 10 days of the date of violation." So you are correct about the rule's language.
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