Can I Get Out of a Photo Radar Speeding Ticket in Arizona?
Having the unfortunate event of getting a ticket is one thing. But getting a ticket in the mail that you didn’t even know you “earned” is another.
This is especially unfortunate when this ticket is a photo radar ticket.
In Arizona, as in other states too, there are many photo radar tickets being issued. Often times, because these are “surprise tickets” people feel that these are not tickets at all because they don’t believe they violated a law. This is the case of Josh:
If You’re Unaware of Radar Speeding Ticket, Do You Have to Pay?
Josh’s story:
I had to go to traffic court the other day. When I went to the counter, the clerk told me that I owed money on an old speeding ticket. I was totally unaware of this.
I told her I don’t know anything about this and I never received anything in the mail.
She told me I could probably get an extension to pay the ticket later, but I said “no” because I don’t even think I’m guilty.
She gave me a hard copy of the ticket with my picture of me in the car. Does this count as being served?
Is there any way I can get this ticket tossed out? If I ignore it all together, can they suspend my license?
Can Josh Get Out of His Photo Speeding Ticket?
Josh, you have every right to be upset about this. Many people feel that the whole basis of the photo radar was to bring in more money into the state. Some think it’s an illegal way of taxing people.
However, since you now have the ticket your options are probably slim. You can, however, scan the document for errors in the following areas:
- Drivers License Number
- Address
- Name
- Social Security Number
- Birthday
- Car details
- Date of incident (Count 120 days)
If you have any errors or discrepancies on your documentation, you can probably fight the ticket and you may be able to have all the charges dismissed.
There is also the whole 120 days statute of limitations that you can try. The Arizona law states that if the ticket is 120 days old, you have the chance to get it dismissed.
This is something you are going to have to point out for the judge if you go to court with it. They don’t want to tell you but if you know about it, you can probably get it dismissed.
What to Do If You Take the Ticket to Court
There are several things that you are going to be able to do if this situation escalates (which it won’t). In Arizona especially, you have every right to decide to pay or not pay for the ticket and take it to trial. This is when you are going to show your case with the police.
You will want to have to stick to your story and don’t lie to the judge. You simply concur that it is you driving however, there are many discrepancies and the statute is up on it. This could help you win for a dismissal of the ticket.
You have to show that you have the patience to take your time with this. If you have admitted guilt already, you are going to have to pay, get points on your license, and maybe have your insurance get raised.
I’ve received a photo radar ticket from the Eloy PD. How do I find out the rules required for them to run the program in Eloy.
A man was beating on our door, I peek out the side window, he saw me and shoved the ticket through the door. The address on the ticket says my street number North street name. My actual address on my license says street number East street name. I know the process server will say he served me, but will the court think he served it to the wrong address that is on the ticket, which is not my actual address?
The technicalities surrounding photo enforcement are interesting. I am wondering: For an incident that happened on the 2nd of November, is the City of Tucson in the wrong for taking 39 days to actually issue the citation – one that actually came in the mail 46 days after the event? How am I supposed to fairly recall the day of the citation, whether or not the speed limit signs were obscured, and especially whether or not I saw the radar van’s signs warning of photo enforcement. I’m all for paying my penalty as long as those assessing same play fair.