One of the first issues we cover when speaking with people who have received a photo radar ticket in Arizona is how that ticket was received. In almost every case, the photo radar ticket is first sent to the alleged speeder in the mail, meaning that no response is required due to the failure to adequately serve the citation.
Arizona law requires that photo radar citations be properly served, and regular U.S. Mail is not sufficient service in most cases. The tickets served in the mail include a request that you waive service, which is effective if mailed back to the authorities.
Furthermore, if the ticket is not served within a few months it is dismissed by rule. In many case, the complaining jurisdiction will not even attempt service or won't be able to complete service. That being the case, there is little reason to waive your legal right to be properly served under Arizona law. The only downside, if they do complete service, is that you'll have to pay a small additional service fee.
One thing we don't recommend, however, is attempting to avoid service when a process server is attempting to complete proper service. That's a strategy that can backfire if you're not careful.
If you've been served with a photo radar ticket in Arizona and you've got any questions or concerns about your legal rights and obligations, please consult with an Arizona lawyer to discuss the specific facts pertinent to your situation.
