Fighting a Photo Radar Speeding Ticket
You walk up to your mailbox, open the box, and you pull out something from the city.
It is a Photo Radar speeding ticket and you have been “caught” speeding by one of those pesky photo radar machines on the highway! Boo!
You have a couple legal options here.
You could pay the ticket. They “have” you. You were “caught”. If you believe you violated a law, paying the ticket is probably the right thing to do.
But do you really have to pay the ticket? Were you really in the wrong even though the camera “got” you?
NOTE: If you’ve received a photo radar ticket and you don’t believe you should pay it, ask an attorney what right you have in your specific case. Click here for a free legal consultation by a lawyer near you.
Photo Radar Ticket Scenario: Did This Happen to You?
I let my friend borrow my car for an errand she had to run. The car is registered in my name.
A few weeks later, we received a letter from the city with a picture of my friend driving my car. The letter said he was speeding- going 75 in a 65 mph zone.
I went to court and told them that, yes, that is my car, but that is not me driving.
I gave them all of my friend’s information and we are still waiting for the letter with the correct information. Hopefully I’ll get out of this mess.
However, I do wonder if my friend can beat this photo radar ticket?
Can You Beat a Radar Speeding Ticket if You Were “Caught” on Camera?
First of all, that ticket probably should have been thrown out and pretended that you never have gotten it because it was not you driving.
But since you gave them all the information on your friend, be prepared for her to get a ticket in the mail.
The thing about a Photo Radar Speeding Ticket is that, in most cities, the city has 120 days to get it hand delivered to the person driving in person before you can contest it and it is no longer valid.
The reason that it has to be hand delivered is because anyone can tamper with the mail and put in names that don’t belong.
That is why the 120 days from the flash of the camera, they have that time to get all the paperwork and get it to the person in the picture.
It is never right to escape the law, but in the case of photo radar, this has been under scrutiny since day one of its creation.
A police officer is supposed to give tickets, not machines.
But your friend has the 120 days. Tell her: “Don’t answer your door. Don’t talk to strangers. You might want to keep low for a while.” This way you will be able to get the ticket thrown out. That is going to be the hard part.
But other than that, there are other ways that you can get out of it.
You don’t need to be intimidated by the city courts. It is their laws that offer the loophole.
In these times it is often that a public servant is not going to come up to your door and self serve you the ticket. And if they do, you simply can answer the door for your friend and say that she is not there.
Recap: What to Do If You Get an Auto Radar Ticket for Speeding
They know the law and know that they have to give it to the person on the ticket, not you. So to recap on it, you need to:
- Make sure that the ticket is real – Often time criminals try to give you tickets and ask you to give them money to make it “go away”. Use your common sense and tell them to get off your property. If they don’t ask you for money just tell them that the person involved is not there and that you are not signing the ticket
- Ignore that you got it in the mail – You are going to have to toss out every notice for the ticket of your son that you are going to get in the mail. This way, the city is going to have to send someone out to you. The city probably won’t tell you about the 120 days, which is unfortunate. But that is how the system is sometimes.
- Don’t panic – There are many ways to get out of a ticket like this. You don’t need to panic over it and just wait out the days until it can be thrown out. Don’t go up to the courts and demand that it be thrown out, this will only tell them that you got the first ticket.
Hope this helps you and gives you a chance to get out of it.
This is in no way telling you that you should escape the law when you get in trouble, but simply giving you tips to help you beat something that everyone wants to be banned.
So I just was driving home and there was a truck in front of me
Be was going pretty fast and it’s a 40 mph road and I was kinda close behind him so
I don’t know if I got the ticket er he got the ticket cause we
Were both flashed .
David question for real fast. Today which is 29/12/2011 I got a ticket driving my sisters car and I think it was around 15-20 miles over speed limit, car is registered on my sister and insurance is on my aunt. Should we just throw out the ticket and avoid anybody you said for 120 days???
I have been served with a camera ticket by a process server. When i opened the door he asked me if I my name is Ivan. I said that no person with that name lives here. He looked at the photograph on the ticket and said: “You are the person in this picture, you’ve been served.” I told him again that he’s got the wrong person and i closed the door. He said he’s gonna leave the ticket papers in front of the door and so he did.
Have I been served correctly if i did not admit being that person?
What should i do?
I have a “friend” who got the same ticket, from Star Valley. The court served her roommate. Is that legal to serve someone other than the person named in the ticket? If not, how would she go about fighting the ticket or suspension?
I need legal advice: i don’t know how fast i was going but i noticed a cop doing a u turn to “come and get me” but i made it into my house and driveway before he came. He parked outside my house for a moment but took off. Can he give me a ticket? This is for the state of Wisconsin. Also, the car is not in my name but my fathers. So I’m freaking out!
I just got a letter from the DMV saying that my license has been suspended for some kind of traffic ticket back in June. I have been working in San Diego since March and my wife sais she didn’t get anything in the mail, no server came by the house and nothing was left taped to our door. Can I get this overturned like I’ve heard. Someone told me I had to go to Maricopa Superior Court. I don’t know if that is relevant in 2011 as a lot of post are older than that. Please advise what my next steps should be?
Thanks in advance!
Hi,
I was driving my mothers car in tucson az, and the camera took a pic of me speeding. They sent the ticket to my mom in California asking her to send back the information of the driver (me). Does she have to send back the information? If not, what will the consequences be?
-Jose
I was never served in person and never responded to the mailed ticket. My court date is tomorrow, so I called up and told them I was never served and just found this notice yesterday. Should they throw it out since I was not given adequate time to respond?
I was at work, and my mom was in shower. The server banged on door and served my eight year old for a photo ticket I new nothing about. The server kinda scared my child, Is that legal not to serve me in person and hand it to a child?
If I receive a red light violation in the mail and do not respond, how about the following – I was told that the city of Mesa can leave the summons on your doorstep (no one answers) without having to physically serve it. Do you know if this is correct? Also are they able to attach it to your drivers license or issue a warrant for your arrest without the physical service?
Thank you – Lee
How does one go about getting a ticket dismissed if not served in 120 days?
My husband was sent a speeding ticket caught by a camera in Maryland. The issue is, it’s not his car. We have a 2007 Honda Civic, the car on the ticket is an older model Honda. There is a line in the photo where the liscense plate is so you cannot clearly read the number and the picture was taken in Baltimore Co., my husband was working in DC! Does he have to go to court to fight this or can it be handled an easier way?
Someone knocked at my door at 9:30 @ night last night. My son (15) answered thru door, and would not open. Woman asked if I lived here and stated she was leaving some papers on the welcome mat. Is that a legal way to serve a ticket? I did not know about this before now.
I was on my way to work this morning heading south on Oracle Road in Tucson, when the red light camera flashed as I was going through the intersection as the light was turning yellow. I know that’s a speed camera too, so I checked mine and it read 53 mph. The speed limit is 45 mph coming down the hill. If I get issued a ticket, can I fight it? Or ignore it?
I was sent my ticket by certified mail return receip today. Does that qualify as a process server or hand delvered? AZ now has a return receipt with a signature on it.
I received a photo speeding ticket form pima county (tucson)while i was there in february.
I am from New York and had rented a car. But my friend who’s name was not under the car was driving the car alone and got caught in the picture. Do we need to pay the ticket if my license picture looks nothing like him
Thanks
Shawn
Liz,
If you read this, I just received two tickets at the same location. What did you end up doing? I live out of state, and am planning on not paying these tickets.
I recieved a ticket by mail for 500 for running a red light in ca. I sold that car this week and bought a new one. Should I pay that 500 dollar fine?
I have received TWO photo enforcement tickets for the Star Valley EB Hwy 260 – one at marker 255.26 and one at marker 256.84 within one minute of each other. I am very frustrated that I was cited for two tickets with such a short distance. Obviously if I was speeding and oblivious to it at the time, I would not have returned to the posted speed limit in that short distance. Is this even fair to be cited for tickets totally close to $400. I am not contesting that I was speeding, obviously it’s evidenced on the photo enforcement paperwork….however I am contesting being ticketed twice!
My dilemma is that I was driving to relocate to another State and don’t live in AZ anymore-so going to court to contest it at this point is not possible.
Any Advice????
I live in Tucson, AZ. In September, I entered the left turning lane at a green arrow, and began my turn at a yellow arrow. Before I got through the intersection, it was a red light. Two months later, I receive a red light violation ticket in the post in the amount of $322. I’m not sure what the current laws are pertaining to correctly serving tickets. Some people tell me that you have to sign on the line and send it to the city offices, then pay the fine. And yet I’ve read that you don’t really have to do anything until you are properly given the ticket by a civil servant or whatever. I’m not up-to-date on AZ law, and don’t want to risk getting my license suspended. But I can’t afford the ticket; that’s a lot of money for me. What exactly would you recommend I do?
I NEED TO KNOW IF THERE IS ANYWAY OUT. MY SON WAS DRIVING MY DAUGHTERS CAR AND THE CAMERA TO A PICTURE OF HIM RUNNING A RED LIGHT, WELL THEY SENT MY DAUGHTER A TICKET IN THE MAIL AND WE SENT IT BACK SAYING IT WAS NOT HER. WELL THE OFFICER CALLED AND I TOLD HIM THAT MY DAUGHTER WAS TRYING TO SELL HER CAR AND SHE LET A COUPLE OF PEOPLE DRIVE IT SO SHE DIDNT KNOW WHO GOT THE TICKET.. WELL THE OFFICER TOOK THE TICKET OFF MY DAUGHTERS NAME AND PUT IT ON MY SONS. WE JUST GOT THE TICKET IN HIS NAME ABOUT 2 WEEKS AGO AND I HAD TO GET IN EXTENTION.. JUST WONDERING IF THERE IS ANYTHING I CAN DO… AND I DONT UNDERSTAND HOW THEY ENDED UP FINDING IT WAS MY SON
David, what is your advice for Jody’s questions above? (see below).
Im in a similar situation with my girlfriend. She rented a car and while I was driving we got a speeding ticket. The photo is of me.. the ticket went to her.
Ignore ticket? Return ticket stating she is not the driver and write down unknown driver? I don’t want her getting busted for something she shouldn’t do.
-Blue
Jody
September 25, 2010 • 12:04 am
My son age 27 was driving my car in Star Valley AZ and I received a photo radar ticket for speeding because the car was registered in my name. It was his picture and so i sent in a copy of his driver licence and identified him as the driver. He leaves at the same address.
My son said we should not have identified hom as the driver and we would not be responsible for the ticket. I was conerned about the car being impounded or my licence supended if we do not respond.
He has now received the ticket in the mail showing him as the driver.
First what would have happened if we never responded to the tickt.
Second should we have just sent in the ticket stating I was not the driver and not identify him
Third Now – should he pay the ticket or will it go away since he needs to be served in person.
Forth if he pays the ticket and not go to driving school will his insurance go up
I received two consecutive speeding tickets less than 24 hours apart at the same speed camera in Scottsdale. I am an AZ resident but the address that the letter was sent to is not my current address. I recently moved and the only reason I got the two letters is because I am having my mail forwarded. I know I legally have 10 days to change my MVD records but hadn’t done so yet. Can I ignore these two tickets since they don’t have my new address and can’t serve me? Do city speed cameras come with losing points on my license? I had a DUI earlier this year and don’t want to make that situation worse when I’ve been trying to stay out of trouble.
Hi what happens if I do not know the drivers license number or address of the person driving my car? Do I fill it out as unknown? Do I have to pay the ticket because of this? Will I have to go to court?
So I just got an extension on my court date and now read your blogs and I could kick myself because they did have the wrong address and sent it to my Aunts house. My drivers license is where I live now and I got that changed at the DMV so I dont know why they sent it to the wrong place. Because I changed my court date is that proof that I got the ticket now…do I have to wait 120 days after my new court date or is it 120 after they sent out the ticket? Should I just pay to take the driving school? I dont want to get into any trouble thats the big problem.
I found out that there is a collection from the FARE program in AZ. I searched my name in records found out I have a radar ticket back in april this year. The records show a log of being mailed, summoned, served, failure to appear in courts, suspended drivers license. I never received a ticket in the mail, was never served never signed anything never saw anybody. I had a process server come to my house at 9pm of all times last week looking for a Terry Miller. I am a resident of AZ, I drive by the sheriffs department everyday, Im not hiding from anyone. This collection as a result has inhibited my ability to start a small business when I am starving. What should I do? I would love to file a lawsuit and have the city pay for damages. But if they tell me they screwed up, went beyond their jurisdiction, dismiss this case, erase the collection, reissue my license. I will spare any wasted time and money for the state. Thanks
I had a ticket sent to me a couple of times. I never responded. It has been more than 120 days since it. They have never served me well until now. Some guy came pounding on my door for 5 minutes. Scared me so bad had to ask who it was. I was about ready to call police. He looked like a criminal. Anyways I thought I was off free and it was long gone. I never considered it was about the speeding ticket. Am i home free or?? I got the ticket in May and they never delivered it to me until October. It has been more than 120 days. Thanks!!
i just recieved a photo nforced speeding ticet from DC. i live in NJ. this is the first notice i have recieved but the letter says it is the second. and since its the second they have doubled the fine. which is now $300. i wouldnt mind paying the first $150 but to have to pay double when this is the first notification i have recieved is absurd. do i have any recourse? the ticket is kind of absurd anyway since i was going 56 in a 40 but the road is a freeway. it was my first time in dc and im sure i thought the speed was 55. anyway any advice would help. thanks
My son age 27 was driving my car in Star Valley AZ and I received a photo radar ticket for speeding because the car was registered in my name. It was his picture and so i sent in a copy of his driver licence and identified him as the driver. He leaves at the same address.
My son said we should not have identified hom as the driver and we would not be responsible for the ticket. I was conerned about the car being impounded or my licence supended if we do not respond.
He has now received the ticket in the mail showing him as the driver.
First what would have happened if we never responded to the tickt.
Second should we have just sent in the ticket stating I was not the driver and not identify him
Third Now – should he pay the ticket or will it go away since he needs to be served in person.
Forth if he pays the ticket and not go to driving school will his insurance go up
Today I was going 50 in a 35. I was late for work because my teacher kept us late in his lecture. I drove past a van with a traffic camera and a flash went off.
2 questions
1. In Portland, Oregon, If I am going 15 over how much will the ticket be?
2. Is there a way to beat a traffic camera? Also I am from WA. does this help me at all since I am over an hour away from where i was speeding? thanks
You are living in California? I would ignore it if was me. However, that is not the honest thing to do. Legally, you can wait out the 120 days
If one is reading your article too late…
I received the notice, replied to the notice with my information and just received from Scottsdale a summons. This is the official “ticket” part if I’m not confused. I was supposedly caught on camera SB on Pima Blvd at E. Hualapai Drive. My issue is that I was distracted by my screaming two year old in the back seat and missed the 45 MPH sign which is JUST AHEAD of the camera. Having missed this, I was issued a ticket for 57 in a 45 — when I believed I was still doing the correct speed limit. (Speedometer showed 55 MPH) There is an additional 45 MPH sign just after the speed camera. I have until Oct 4 to appear. I believe that I should file for a hearing in absentia, but I think I’ll be toast with Scottsdale PD. Does the option of “traffic school” work like it does in CA wherein if you take TS, it’s as if the offense was not committed. My concern is it counting on my insurance. Hearings are always risky, but there is no “officer” to show up, so how can there be a prima facie case against me? Alternatively, if I do show up, on Oct 4, what can I expect to have as a witness against me? I have only a computer generated signature, not a wet-ink signature on the complaint.
I live in california and got one of those tickets by mail (from az vacation). I am the registered owner of the car but I was not the driver. Should I ignore the ticket?
Arizona sucks for tickets. However the best advice I could give you right here is to
1. Check the information. (Name, Address, etc) Ticket can be thrown out.
2. Check the date of ticket to date served (If more than 120 days you are cleared)
3. Pay $10 a month until paid off. Mesa Courts are good with that.
I will answer this in an article later.
Question for you David. Today I had to go to the Mesa City Court & request an extension on a traffic ticket hearing. When I was at the information window, the clerk informed me that I had another ticket for speeding (which I was completely unaware of). I told her that I didn’t have a clue what she was talking about. She asked me if I wanted an extension for that ticket as well – I told her NO since I had absoultely no knowledge of it. Before I left, she printed out a copy of the ticket & all my info (including my picture) was on there but I NEVER received it in the mail & I am not going to admit fault. Could this count as being served? I really have no means of being able to pay it. Is there any way that I can get this thrown out of court?
The honest thing to do is to pay the ticket. However, if they have the wrong license number, you automatically have an easy way out. However, do wait the 120 days and avoid any contact with people you do not know at your door. You never know if it is someone wanting you to have you sign for the ticket. If someone answers the door for them, they will try to give it to them. Tell them to ignore it because by law, they have to give it to you directly. If you do want to dispute the ticket, you do have a case with the incorrect license number. Criminals are released all the time because an error on a incorrect number. So it is your choice. Me personally, I have ignored a LOT of red light running tickets. Arizona has fast yellow lights.
I was captured by photo radar on 5 June In Tucson, AZ for going 14 over the speed limit. I live in Hereford, Az (about 1 45 min south) I didn’t read all the fine print, and although I was planning on going to traffic school for the ticket before the court date (court date is 6 August), I neglected to see that in the fine print it said I must send in an acknowledgement by 6 July saying if I was going to pay, go to court or go to school. I have heard from many that if I ignore it there is a good chance that it will go away. It is a hefty fine (over 200), so I am teetering on going to traffic school or not. I have a colorado liscense, and AZ plates. On the ticket they have my name, address and car/plates correct, but an incorrect liscense number showing an AZ liscense. What do you think?
Angel. Thanks for your comment. Legally, you can’t technically ignore a traffic ticket and you should pay the ticket if it comes to you. However, there is a loophole, (and I in no way condone this) but you have the 120 days to avoid the letter. Going on vacation and not returning for 120 days is perfect if you can afford it. That way the courts cannot serve you with the ticket. However, it is a thin red line and this should not be done. However. It is your choice. It varies from state to state.
are you sure i should just ignore it? even when i get a ticket saying i have to go to court and if i dnt i will go to jail and have my liscense suspended?