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Get Out of a Photo Radar Speeding Ticket in Arizona

Having the unfortunate even of getting a ticket is one thing. Getting a ticket you didn’t even know about is another. This is even especially unfortunate when this other ticket is a photo radar ticket. In Arizona there are many photo radar tickets that are sent out and this causes a dilemma because there are many who feel that these are not tickets at all. This is the case of Josh:

Josh from Arizona writes:

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 absolutely 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? If I ignore it, can they suspend my license/add points/etc?

Josh, you have every right to be upset about this. Being from Arizona myself, I feel where you are coming from with the Mesa court system. The whole basis of the photo radar was to bring in more money into Arizona so that is why many feel that this an illegal way of taxing people. However, since you have the ticket your only options are really slim. 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)

When you have any errors or discrepancies on your documentation, you are going to be able to fight the ticket and you will be able to dismiss all charges. 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 get it dismissed out.

While I worked as a Correctional Officer, if there was on discrepancy on my reports, they were thrown out. This is the same in every governmental office around the world. The only thing that they won’t tell you is the law. This, you are going to have to figure out for yourself. 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. In traffic incidences like a speeding ticket, you are not going to need a lawyer.

You are going 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 will help you win for a dismissal of the ticket. Many judges agree that photo radar tickets are horrible and will agree with you on the matter. 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 have your insurance get raised.

[podcast]http://www.lawadvicenow.com/wp-content/uploads/2010/08/get-out-of-a-photo-radar-speeding-ticket-in-arizona.mp3[/podcast]

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3 Comments

  1. 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.

  2. 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?

  3. 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.

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