Have you received a photo ticket for speeding or running a red light? Wondering what to do? Nothing. That's right, do nothing. Do not respond to the mailed ticket, do not send money, do not call the court, do not schedule a court date, do not respond to any notices sent via mail.
Arizona Supreme Court states that we have to 'served' by an authorized process server. When the motorcycle cop pulls you over for speeding down Speedway at 45 MPH, he is your process server that you cannot fight. What you can fight is the validity of the circumstances for which he pulled you over. This is when you accept the scheduled court date and APPEAR! One idea is to reschedule the date in hopes the cop does not show up to defend his actions. The U.S. Postal Service does not qualify as an authorized process server.
Now, if a process server comes to your house to serve you your ticket, your caught. If you're home, answer the door. If you're not at home, oh well. He/she will have to come back to serve you at a later time. If you are caught, take the ticket and schedule your date in court. Worst case you'll have to pay the ticket plus a court fee. Be sure to ask the judge to expunge the ticket off your record if you agree to pay the fine and all court costs. You may be surprised what the judge will agree to.
I am not condoning speeding around town and running all the red lights you can. Eventually, the appropriate law enforcement agency will catch up with you as what happened to Francesca Cisneros in Scottsdale, AZ. She had collected over 60 tickets in 2006 for speeding and red lights. The police went looking for her at her place of employment. She was not there and called the number on the card left behind by the detective. She agreed to go to the police station and talk to the detective. That's when she got caught. Read the whole story 'Gotcha' by Ray Stevens.
Another method of beating the photo ticket game is if you have a vehicle registered to a company (corporation, LLC, PC) or a family trust.
Here's why: The police and courts may send process servers to visit the home of someone who blew off a mailed ticket. But they don't do the same thing for businesses. Lawyers say Arizona civil traffic violations can only be issued to a real, live person. Since the corporation can't be held liable, there's no reason to serve it the ticket.
Our local governments have found a means to collect more revenue to fill their empty coffers. Tax revenue at the lowest levels in decades, municipalities are scrambling to find ways to generate money without raising taxes. Photo enforcement is a nice way to supplement the loss in tax revenue. But, if the population decides that doing nothing until found is better than playing by the old rules, the municipalities that setup the photo radars may find that they are a waste of tax dollars they have tried to justify to to all of us tax payers.
www.bigboytoyinsurance.com
Friday, August 7, 2009
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment