U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Arizona > Phoenix area
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Closed Thread Start New Thread
 
Old 09-24-2011, 10:43 AM
 
Location: Southern Arizona
7,840 posts, read 15,400,315 times
Reputation: 6239
Sorry, Rick Lee . . . no sympathy whatsoever.

I agree with the others on here . . . rather than trying to find a "loophole" by blaming others, GROW UP, BE RESPONSIBLE AND OWN THE PROBLEM.

It's a simple ticket, NOT a death sentence. With any luck at all, maybe you and your wife will chalk this up as a learning experience and will be more responsible in the future. Be thankful the citation doesn't include an accident involving property damage, personal injury or even worse.

MY TWO CENTS WORTH

 
Old 09-24-2011, 11:40 AM
 
Location: Cave Creek, AZ USA
1,712 posts, read 3,628,340 times
Reputation: 926
Quote:
Originally Posted by Jkgourmet View Post
So - you have no idea if / when the process server was or was not there. Now who's lying?
Uh, I do know if there was ever a knock at the door, as I was most certainly home during the times the server listed as having done so. I was not out back working in the yard at 8:43am on a business day, when I am ALWAYS at my desk, emailing and calling folks. That I don't answer the door for unannounced company is irrelevant here. There was no knock at the door for me to ignore.

I wonder if any of you guys care at all about the state ignoring the law and issuing warrants without oath or affirmation. It can happen to you. I have twice gotten parking tickets in NJ and PA while I was overseas and my cars were garaged. Easy to beat in court, but proof that the state screws up plenty, sometimes intentionally, sometimes not.

And I have beaten plenty of cops in court before, so sometimes the judge is willing to listen to reason. It's not always a case of their believing the cop.

FWIW, the photo sequence of my wife's car shows another car next to her and then in the second photo a few car lengths ahead of her, proving that guy was going plenty faster and passing her. I don't know which one of them triggered the camera or if the other car also got a ticket. If that car did not get a ticket, then it would seem my wife's car happened to be in the line of sight at the wrong time. She is a VERY slow driver and never in a hurry, unlike me. But I also watch for cameras and she doesn't, because she so rarely speeds.
 
Old 09-24-2011, 11:46 AM
 
Location: Tucson/Scottsdale, AZ
3,358 posts, read 4,729,318 times
Reputation: 2593
I also sometimes get angry when I screw up................
 
Old 09-24-2011, 11:59 AM
 
Location: Two years in Raleigh, NC
5,733 posts, read 5,064,601 times
Reputation: 7086
Quote:
Originally Posted by Rick Lee View Post
Uh, I do know if there was ever a knock at the door, as I was most certainly home during the times the server listed as having done so. I was not out back working in the yard at 8:43am on a business day, when I am ALWAYS at my desk, emailing and calling folks. That I don't answer the door for unannounced company is irrelevant here. There was no knock at the door for me to ignore.

I wonder if any of you guys care at all about the state ignoring the law and issuing warrants without oath or affirmation. It can happen to you. I have twice gotten parking tickets in NJ and PA while I was overseas and my cars were garaged. Easy to beat in court, but proof that the state screws up plenty, sometimes intentionally, sometimes not.

And I have beaten plenty of cops in court before, so sometimes the judge is willing to listen to reason. It's not always a case of their believing the cop.

FWIW, the photo sequence of my wife's car shows another car next to her and then in the second photo a few car lengths ahead of her, proving that guy was going plenty faster and passing her. I don't know which one of them triggered the camera or if the other car also got a ticket. If that car did not get a ticket, then it would seem my wife's car happened to be in the line of sight at the wrong time. She is a VERY slow driver and never in a hurry, unlike me. But I also watch for cameras and she doesn't, because she so rarely speeds.
If you and/or your wife were so convinced that the ticket was improper, you should have taken it to court. You've already explained that you have PLENTY of experience in that arena.

It's irrelevant what the process server did or did not do
. Your wife got the ticket. You both admit you tried to dodge it. The responsible and LEGAL procedure is to pay the ticket or go to court and fight the ticket.
 
Old 09-24-2011, 12:41 PM
 
3,272 posts, read 3,152,884 times
Reputation: 3433
Quote:
Originally Posted by Rick Lee View Post
And I have beaten plenty of cops in court before, so sometimes the judge is willing to listen to reason.
You must lead a very interesting life...

At any rate, you seem to be expending an inordinate amount of energy disputing the service, rather than addressing the actual ticket. If your wife believes the ticket is unjust - she should go to court and "beat" the cops yet again.
 
Old 09-24-2011, 02:17 PM
 
Location: Prescott, AZ
1,591 posts, read 2,089,786 times
Reputation: 776
I am thinking the only way you beat a cop in court is when and if the officer did not show.
 
Old 09-24-2011, 04:36 PM
 
Location: Cave Creek, AZ USA
1,712 posts, read 3,628,340 times
Reputation: 926
Quote:
Originally Posted by keninaz View Post
I am thinking the only way you beat a cop in court is when and if the officer did not show.
Wrong. While that has happened before, I have also come with a case prepared, photos, road study, etc. and won that way, even watched the judge chew out the cop. Did I mention the time the judge dismissed the entire courtroom in 1994 and said she needed to get home to watch Nancy Kerrigan skate in the Olympics? Yup, it's all about safety and the law.

Anyway, I spoke with the neighbor today, whom the process server claims in her affadavit verified my wife lives at this address. He said he had never spoken with anyone about this, did not know my wife's name prior to meeting her last night for the first time when she was going to get the mail. Furthermore, he said yet another neighbor had asked him the same thing recently, which sounds to me like the same process server is using his address as false evidence of having made an attempt at service and to verify identity and address.

Don't think this can't happen to you. I did get a summons once for failing to pay a ticket I had never received, which was "issued" at an address that didn't exist on a day when most cars were buried in a few feet of snow and almost no one was driving. I beat that in court without even having to go into an explanation. I'm sure lots of other sheeple just paid instead, which is what the state wants you to do. And that's why proper service is the law and needs to be followed by the gov't.
 
Old 09-24-2011, 04:54 PM
 
10,481 posts, read 14,114,292 times
Reputation: 6344
Quote:
Originally Posted by Rick Lee View Post
Well, I thought we had been dodging a process server for a ticket my wife got in Scottsdale. Turns out they never attempted service and lied on the affidavt to get the judge to authorize "alternate service," whereby they just taped it to our front door and now she's considered served. On the affidavit the server lists three dates and times she attempted service. They're obviously lies.

One says the garage door was open but no vehicles were in it. How is that possible when we have three vehicles, but only two drivers and just about never leave the garage door open?

Next attempt said it was a knock at the door at 8:43am. I work from home and never start work later than 8am. I use a standing desk about 20 ft. behind our front door. No way for me to have missed this.

Next attempt was a knock at the door at 8:22pm, when were both home, but heard no knock at the door. Server claims neighbor (lists his address) confirmed my wife lives here. I don't think my wife has met that neighbor and this guy is my buddy who'd not rat me out, even if he knew my wife's name.

Looks like she's on the hook for this one, but I will pursue this process server for her lies on the affidavit. Anyone know about fighting this?
I am so glad I got out of the Arizona police state when I did. I had gotten multiple photo radar tickets in Scottsdale but luckily they had not yet started alternate service.

Quote:
Originally Posted by Ponderosa View Post
Well I am not that, but I have dealt with the courts in this country more than I would like to admit. The judge is going to dutifully hear your side and then take a New York second to rule against you. You are simply not a credible witness relative to the process server. They presume you have a self-interest in lying where the process server is neutral, professional, and credible. It's not about the ticket; it is about tilting at windmills at this point.
While I do agree with your assessment of the outcome, your overall premise is wrong. There are a lot of process servers who are not neutral, professional and definitely not credible. This is clearly proven by Rick Lee's post.
Quote:
Originally Posted by 20yrsinBranson View Post
Dude, you can't PROVE any of this. My husband and I used to do insurance inspections. We would knock on the door, sometimes several times and there would be no answer. Then, when we were in the back yard, we would be measuring a deck and a hostile homeowner would come out of the house wanting to know "what the hell" we were doing. They didn't "hear" the knock. Either the television was on, or they were on the phone, or in the bathroom or vacuuming, or the baby was crying or the dog was barking, etc., etc. or they simply WEREN'T PAYING ATTENTION.

The process server is a sworn representative of the court. You, on the other hand, are a breaker of the law. Who exactly, do you THINK the court is going to believe about the service issue?

Give it up. Forget about trying to PROVE the woman is lying. Nobody is going to believe you and it's just going to make you look like you are trying to "get back" at someone for just doing their job.

Yes, we know you aren't happy about the whole speeding issue. Just pay up and move on. Being a "victim" is so unattractive.

20yrsinBranson
You are just completely wrong. How on earth can you say Rick Lee's wife broke the law? Were you there to witness the alleged crime? You are implying everyone who is a sworn representative of the law is always right. Give me a break. How many people have been convicted of crimes who were innocent? Think about it....
 
Old 09-24-2011, 04:58 PM
 
190 posts, read 204,784 times
Reputation: 174
I got a photo ticket in Scottsdale - didn't think I should have to pay.... So I showed up at the appointed time in court - rather than pay... the person in the judge outfit (?judge lol) told me he wasn't there to hear testimony - but gave me a date to explain my case/situation. So again I showed up at that building at that date and on time - there was a person who worked in the courtroom in street clothes - business dress.... who asked me what was going on so she could help me before the actual judge came into the room. I explained the situation clearly and succinctly and the ticket got thrown out lickity split. Do know I prayed my butt off during the whole ordeal. For what it's worth - things sometimes do work out in your favor ~ while difficult to go through ... sometimes there's a good ending to it all.
 
Old 09-24-2011, 05:01 PM
 
10,481 posts, read 14,114,292 times
Reputation: 6344
Quote:
Originally Posted by SloCoChef View Post
I got a photo ticket in Scottsdale - didn't think I should have to pay.... So I showed up at the appointed time in court - rather than pay... the person in the judge outfit (?judge lol) told me he wasn't there to hear testimony - but gave me a date to explain my case/situation. So again I showed up at that building at that date and on time - there was a person who worked in the courtroom in street clothes - business dress.... who asked me what was going on so she could help me before the actual judge came into the room. I explained the situation clearly and succinctly and the ticket got thrown out lickity split. Do know I prayed my butt off during the whole ordeal. For what it's worth - things sometimes do work out in your favor ~ while difficult to go through ... sometimes there's a good ending to it all.
Good for you. These are stories that I like to hear.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Closed Thread


Options
X
Data:
Loading data...
Based on 2000-2011 data
Loading data...

123
Hide US histogram

Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Arizona > Phoenix area

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top