Recently, it was announced that photo enforcement cameras are back on Arizona streets. The cameras were taken off the streets for two months due to controversies about their use as evidence in traffic law cases. Many citizens are concerned about whether they can beat the cameras. There are consequences if they do not pay the fines within the 90-day deadline. Even today, it is still possible to avoid the fines as long as you follow the rules that are set out in the law.
Ignoring the Notice of Violation
You may decide to ignore the notice of violation. There have been cases where the charge was thrown out of court because the judge decided that the accused person did not get notice in time. State law requires that the ticket is delivered to you in person. You do not get it in the mail, and you must sign a waiver to say you will pay a fine. The problem is that if you do not sign the form or acknowledge it, a process server may come to your home. If the server finds you at home, they can fine you another $25 to $40. The upside is that tickets are often removed from the system after 90 days. But, a repeat offender may face a serious investigation. They may also face charges of obstructing justice. The other disadvantage is the constant fear of the server coming to your property.
How the Ticket Server Deals with Cases
In most cases, the process server will not leave the ticket on the doorstep or hatch if you are not at home. They will want to see you in person. But, they can give the citation to a person of a suitable age if they are at home. Recent cases have shown that the minimum age for someone to be served is 14 years. Most process servers target homes that are likely to be occupied. They too have little interest in meeting a dead-end. However, your property may be flagged for multiple violations, so they may come anyway no matter what you try to do. It is important to remember that the server has a copy of your driver’s license, so they can deem you to be served even when they notice you on the street near the property. Some residents have gone to extremes to avoid servers, including the use of video cameras and peepholes.
If you live in Scottsdale, you have to be aware of some changes in the rules and regulations. The city in this area is allowed to file a motion showing that the server has tried to deliver a ticket three times on separate days. These occasions must be separate and in the morning, afternoon, and evening. If and when a judge grants the motion, taping the citation on your door means that you have been duly served even when you are not at home. The upside is that the other parts of Arizona do not tend to use this procedure.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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