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What should I do about a photo radar ticket?

Phoenix, AZ |

I was driving a rental car in Phoenix and saw a flash of light from a white van. At this time 3 other cars were passing me and I assume it was the other cars. I received a notice in the mail from Hertz renter car that I need to pay a fee to waive their responsibility on a citation. I have not seen or been issued a citation. When I called Hertz they said they do not have that information available. My questions are what should I do? If I do not pay Hertz what are the ramifications? Will the state eventually go after me? Will this affect my driving record? How do I prove that the cars next to me were in fact the ones speeding and I was simply driving the speed limit?

Attorney Answers 1

Posted

Tell Hertz that you don't give them permission to reveal your name to the court or anyone else for that matter absent a proper subpoena by the court. I would call Hertz and find out why they think they would be financially responsible; they're not. No law requires a company or anyone else to disclose the identity of a driver. Moreover, the fact that you might have rented the car, and thus been on the agreement, does not mean you were the driver; do not admit to Hertz or anyone that you were the driver. Hertz likely received a mailed notice which is not a proper form of service. They, like you, should ignore the mailed notice unless they are properly served, like anyone else. If you end up in some way having to go to court, which you shouldn't unless you're legally and properly served, then you can worry about legal and factual defenses. Feel free to call. Good luck.

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Posted

Mr. Orent, unfortunately Hertz has already passed along my information. Yesterday, I received a courtesy notice in the mail stating I should pay $221 or there will be greater consequences. I have read alot about this issue and most say don't pay you have to be formally served. My fear is that I have read if you don't pay or appear in court you could get a failure to appear on your criminal record plus the price of fine plus additional fees plus an insurance hike due to points earned. This doesn't seem worth it.

Craig S Orent

Craig S Orent

Posted

It is up to you of course. But you cannot legally be defaulted by failing to appear unless you were legally served. My advice to you stands. To monitor your case status to assure a process server does not unethically claim you were served you can check your case online (assuming it's in one of the courts listed). Here's the link: http://apps.supremecourt.az.gov/publicaccess/ If you are served properly, or they claim you were served, then I suggest you seek counsel. Good luck.

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