Wife Got A Camera Speeding Ticket (RedFlex)
Wife was driving through Arizona and apparently was photographed and was allegedly speeding through a tiny nothing town that just happens to have a couple hundred feet of judisdiction over a busy freeway. She doesn't remember seeing a sign or anything, and from some research online appparently this particular town is notorious for inflating the speeds to increase the ticket costs.
Of course I'm going by what a bunch of other people are saying, and my wife has no idea about her speed because she doesn't remember any sign. She was driving a rental car at the time, and the only reason we know about the ticket is the company in question contacted the rental car company who in turn sent us a processing fee letter. I have a few questions about this because I have no experience whatsoever with this sort of thing.
From doing research online, apparently you cannot be served by mail, per Arizona law, so if we were to sign and pay the ticket, we would waive that right:
Court of Appeals of Arizona, Division One, Department C 171 Ariz. 449; 831 P.2d 448; 1992 Ariz. App. May 12, 1992 The appellant's recourse when a defendant fails to execute the acknowledgement of receipt is to continue the hearing and serve the complaint by some other authorized method. See Ariz.R.Civ.P. 4.1(c)(3). Until the magistrate's court obtains personal jurisdiction, it has no power to enter an order of civil sanction against a defendant.
Basically then, it would appear that someone could just completely ignore the letter because they would need to be personally served in order for the ticket to be lawful. Not to mention that apparently they have waived the points with the idea that you will pay a ridiculously high fine.
Before someone comes up with the "If she was speeding pay the f'ing ticket", I would have no issue with paying such a ticket had this been done correctly, however a photo ticket gives us no info about where she was at, what the situation was at the time, I don't know the relation of the camera to the actual speed limit sign, obstruction of signs, etc.
Not only that, but Arizona has apparently (and illegally) ruled that you can no longer request discovery for traffic citations, which fails to provide due process for the plaintiff. Therefore I would not be able to ask for important information that would let me know how to proceed with the case.
Anybody have any history with these?
Last edited by RTShadow; 03-26-2011 at 08:02 PM.