Your photo radar defense - Page 4
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Beat Tickets! - Your photo radar defenseYou basically have four options once you are sent a letter:1. Go to traffic survival school 2. Ignore it 3. Plead guilty and pay the fine 4. Plead innocent and fight it Traffic Survival School Many states offer traffic survival school. Basically, after completing a class instructed by someone certified by the state (normally a six hour class), your citation is dismissed. Sure you will be out perhaps a Saturday afternoon, but there are no points issued on your driver's license and your insurance company is not notified by MVD of the citation. You will learn something new at these classes and we feel that this is your best bet! Ignoring The Letter When you receive a general post letter advising you of your photo radar citation, you have the option of just ignoring it. All states have guidelines on how the citation must be served. Arizona Revised Statues, 28-1593 gives the state the following procedures on how they must serve you with the citation. They must issue the citation to you, in accordance with the Rules of Civil Procedure. The Arizona Rules of Civil Procedure (Rule 4(d) and 4(g)) state that they must send the citation via certified mail with a "return receipt" and that it be delivered to the addressee only. As a practical matter, it is also common for a process server to deliver the citation and that delivery can be served to you or a competent member of your household. Also, a return must be filed with the court. The "return" is basically proof that you accepted summons. Civil Procedure (Rule 4.1(c)) also allows service if you can waive your right of personal summons. You just need to sign the appropriate form, and that form becomes the return. In effect, your payment or appearance at the courthouse is your acceptance of service. By not responding to the letter, you are refusing acceptance of service. Time limit for service - statute of limitations >> |
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