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#1: Avoiding the process server will negate the photo enforcement ticket.

While this is technically correct, it more often than not results in a suspended license. When the report of the traffic violation is ignored, the court sends a process server who is paid per delivered citation. Clearly the motivation for the process server financially is to deliver as many citations as possible. In fact, if the server gets even a hint that there is some activity in the house, he can attach the citation to the front door and file an affidavit of delivery. Once that happens, the accused offender is required to appear in court, pay the fine or face a suspended license, regardless of whether they actually received the citation or not.

#2: If I’m not the photographed driver, I can’t be held responsible for the ticket.

Located on the ticket there should be information on contacting them about the situation.

The photo enforcement court system has become assembly line-like. 140,000 photo radar tickets were processed through two Scottsdale judges in 2006 alone. Since then, the numbers have increased dramatically as more enforcement equipment has been installed, although the Loop 101 enforcement was turned over to DPS in 2007. Redflex Traffic Systems, the primary manufacturer of the photo enforcement equipment, serves as both prosecutor and expert witness, racking up $70 of the proceeds of each traffic ticket. The text of each case is almost identical. The prosecutor, (Redflex) provides “proof” of the violation, reads a canned presentation sighting various laws and verification of equipment accuracy. The defendant then tries to state their case which generally falls into one of 3 categories; it wasn’t me driving, I actually wasn’t speeding, I never received the citation. Whether the judge actually listens to these arguments is debatable, but they are usually quickly dismissed and the fine is enforced. Due to time and expense, most people do not appeal.

Disclaimer - This is not intended as legal advice, if you need legal advice then contact a licensed attorney.
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