process server laws in AZ

Here is the rule right out of the procedure books: This is Civil Rule 4.1(d):

(d) Service of Summons Upon Individuals. Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.

From what you say in your fact statement, the process server did not, in fact, comply with this rule.

Here is the problem you face. If you ignore the document, eventually a warrant will issue because you can bet the process server said that he served you. This could even result in a license suspension and that could cause you all types of difficulty. Here is another problem, if you go to court, and make an issue of it, they will either interpret that as accepting service because, obviously, you showed up at the correct date and time or they will re-serve you while you are standing there. A lawyer may be able to file a motion on your behalf but you will have to pay him or her to draft the motion and go to your hearing for you. Either way, this is an expensive and time consuming process.

I recommend a book. I am not affiliated with the author in any way, in fact, we have never met, but this book has gotten some really good reviews and from what I know about it, lays out the pros and cons of trying to fight these things on your own in our state:

http://phoenix.about.com/od/crime/gr/photoradar.htm

I hate the photo radar. It is corrupting and it is the easy way out for the state. I wish I could just say fight it or not. It depends on your situation. Maybe you can take the driving school this time. If you have not taken it in the last two years that is an option. The process of vindicating yourself, is complicated and expensive and may result in unintended consequences. But doing nothing is not an option either because that is when the government will act, summarily, against you, without your knowledge.

Several AZ courts are not proceeding with these photo radar tickets. Check with a lawyer in the subject place to determine what your rights are.

The news reported that Maricopa County decided to dismiss all radar speeding tickets because of equipment defects. Since Arizona uses the same system all over the state hire and ask a lawyer about raising this defense. You have rights but you have to act to protect your rights.

Good luck to you. I am in Chicago. I do not practice in Arizona.

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