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Other loopholes - Page 6


Beat Tickets! - Pages
1 How it works
2 Where to watch out
3 Why cities use photo radars
4 Your choices
5 Time limit for service - statute of limitations
6 Other loopholes
7 Preparing for court
8 Questions to ask in court

Beat Tickets! - Other loopholes

We have learned from various sources that the cities of Scottsdale and Paradise Valley are not making personal service to people who live outside of Maricopa County. Mesa is serving throughout the state.

No Arizona cities are making personal service on photo radar or red light camera citations to people that live outside the state.

In addition, none of the departments are making personal service to anyone that lists a PO Box as their mailing address on their vehicle registrations.

Accept Service And Plead Guilty
This is, of course, the least favorite option. All you have to do is plead guilty by returning the letter to the court, with either a fine or a request to attend traffic survival school (if that is an option). This is the simplest option mainly because it is the one the government wants you to take.

Accept Service And Plead Not Guilty
Here you would accept service and advise the court that it was not you, or it was you and you are not guilty of the offense. Next, you will have to begin a defense. This avenue of recourse has quite a few pitfalls that you should be aware of.

First, you should request to review the picture. If the picture is not good enough to tell who the driver is, request a dismissal from the court based upon the lack of evidence. If you can recognize the person in the picture, the court will want you to tell them who was driving the car at the time of the photo.

Remember, your right to remain silent only protects you from self-incrimination. It does not give you the right to refuse to be a witness against someone else. This can quickly become a legal nightmare. Whereas it is the job of the prosecution to identify the driver, they can use you as a tool to do that.

If you cannot identify the driver in the photograph with certainty; tell the court you do not know who it is.

The next question from the court or prosecutor will most likely be, who was driving the car at the time of the photo? Be careful how you answer. If you are lying to the court, it can open up other problems for you later on.

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