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06-02-2009, 08:50 PM
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Junior Member
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Join Date: Jun 2009
5 posts, read 15,979 times
Reputation: 10
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photo radar ticket website - waiver of service?
Hello,
I apologize for making yet another thread about photo radar, but I've meticulously gone over most of the existing ones and none really address my question.
I got flashed on I-17 going 11 over, got the ticket in the mail, and not knowing any better at the time, I went to the website on the ticket to "view the violation photos online." I put in the code on the ticket and watched the video.
My question is: By doing this did I waive my right to proper service? I know that the tickets have to be delivered in person to be valid unless one returns the mailed ticket with his or her signature admitting guilt. Since I never signed anything and nothing is in writing stating that I received the ticket, am I still in trouble for going to the website?
http://www.supreme.state.az.us/court...v2-3-31-08.pdf
(refer to section c. Correspondence)
also,
ARIZONA RULES OF CIVIL PROCEDURE
4(f)
Thanks alot! |
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06-13-2009, 02:19 AM
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Junior Member
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Join Date: Jun 2009
9 posts, read 9,624 times
Reputation: 13
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Hi....I am in the same situation...I also saw the violation video and dont know if I have waived my rt to be properly served....
did u get an answer to this question through some other forum or have u decided anything? I am really confused
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06-13-2009, 03:56 AM
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Junior Member
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Join Date: Jun 2009
5 posts, read 15,979 times
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No I never got what I feel to be a definitive answer but I did call the number on the ticket and without providing any information, asked whether or not viewing the video could be construed as proof that I had received the ticket. I called twice and spoke with two different people, who both seemed confused by the question but replied that no, I had not waived my right to be properly served. That was enough for me - I didn't respond the ticket and am not going to answer my door for strangers for a few months.
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06-13-2009, 08:00 AM
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Real Estate Agent
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Join Date: Oct 2007
Location: Gilbert - Val Vista Lakes
2,243 posts, read 1,856,600 times
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Anyone wanting to dodge the process server should read this article:
Think you've dodged that photo radar ticket? | 3 ON YOUR SIDE | Arizona | azfamily.com
If the local munucipality uses the alternate service process then you may be driving with a suspended license and not know it. If you're stopped for any reason and the license is suspended, then I believe you will go to jail and your car may be towed. |
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06-13-2009, 12:22 PM
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Senior Member
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Join Date: Jan 2008
2,784 posts, read 1,590,030 times
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Quote:
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But exactly what is alternate service? Well, it's permission to simply leave a notice on your doorstep and also mail you the notice one more time.
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it also looks like it's just scottsdale at this moment
Quote:
The use of alternate service isn't widespread, in part because it's kind of a pain for the court system. Once a dodger has been identified, city prosecutors file a motion with the court for alternate service, attaching an affidavit showing the due diligence of the process server. Servers must have tried to deliver the ticket three times -- at morning, noon and night on separate days.
If the judge grants the motion, the prosecutor's office sends the citation back to the process serving company. A server makes another trip to the residence, taping a copy of the citation to the front door. Another copy is mailed to the motorist -- but this time the mailed citation has the legal weight of an officer-issued ticket.
Kyle Smith of Hawkins and E-Z Messenger Legal Support Providers LLC, which serves photo enforcement tickets for Scottsdale and the Arizona Department of Public Safety, says Scottsdale uses alternate service in about 50 to 75 cases a month.
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Phoenix - Valley Fever - Photo Enforcement in Scottsdale Goes Alternative When People Dodge Process Servers
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06-13-2009, 12:59 PM
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Junior Member
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Join Date: Jun 2009
5 posts, read 15,979 times
Reputation: 10
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That's a little disconcerting - Is there any website that one could go to to check the status of his or her license?
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06-13-2009, 01:57 PM
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Senior Member
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Join Date: Mar 2008
Location: Downtown Phoenix
3,993 posts, read 1,777,666 times
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The motor vehicle divisions website is: ServiceArizona
You can check your driving record on this site. And luckily, it is not just Scottsdale that is using the alternate service, it is all municipalities. My speedster neighbor just received one. I think he is getting his license suspended anyway because he has racked up too many points! LOL |
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06-13-2009, 06:42 PM
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Senior Member
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Join Date: Jan 2008
2,784 posts, read 1,590,030 times
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i have yet to see any verified source mention anyone other than scottsdale - they've been the forerunner of this scam by first setting up lights at their intersections and then somehow gaining jursidiction on the 101
look into it beyond what you hear on a message board regardless of what side may validate your view
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06-13-2009, 10:46 PM
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the basket case
Status:
"doing the best I can"
(set 22 hours ago)
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Join Date: Nov 2008
3,572 posts, read 1,488,311 times
Reputation: 1209
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Quote:
Originally Posted by Captain Bill
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Wow! I had no idea this has been going on. Things have changed since I moved to Vegas. I really appreciate you posting this and letting me know since I do periodically go to Scottsdale. I have gotten away with every photo radar ticket by ignoring them and the process servers, and that exceeds 20 of them. I just checked the service Arizona website and my AZ license is still valid. Thank God!! |
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11-04-2009, 10:03 PM
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Junior Member
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Join Date: Nov 2009
1 posts, read 2,439 times
Reputation: 10
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what if you were driving a rental car and you are from out of state? also does anyone know if points go against your record for a camera ticket - speeding
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