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CameraFRAUD.com Message Board › Report process server activity

Report process server activity

adam c.
user 11764989
Apache Junction, AZ
Post #: 7
so a red light ticket off the highway is 90 days? lol thats good lol 30 less days to avoid the servers haha i went ahead and covered up all the windows with blankets lol and informed everyone not to answer the door, also as a precaution to drive in the back way from the desert so we can see if there is anyone parked in the yard haha
Chele
user 11842018
Tucson, AZ
Post #: 4
Gertie, that information is wrong. I know it didn't come from you, so am just trying to clear up any confusion here.

It is 90 days to serve from the date of filing for all photo radar tickets irrespective of whether it is from DPS or a city. There is no difference. I am also an attorney and respectfully disagree with the information provided by others. I am 100% confident that A.R.S. 28-1592 governs here. ARCP Rule 4 prescribes the manner in which service may be made, but the legislature clearly modified the service time period for all civil traffic violations in 2007 to 90 days after a civil traffic violation is filed. ARS 28-1592.

The Arizona Rules of Procedure for Civil Traffic and Civil Boating Violations does not set forth the time period in which a traffic complaint must be served. Rule 45(e) only states that if a defendant fails to respond, then service may be effected in the manner prescribed by Rule 4.1(d), ARCP. ARCp 4.1(d) sets forth how service must occur, not the deadline in which to serve.
Mike
user 11945575
Phoenix, AZ
Post #: 2
I got flashed by the camera on SR51 (Mile Post 2) Thomas Road SB. The incident occurred on 12/24/09. I managed to avoid the PS until two days ago when a PS dropped the papers off at my home even though I was not home (my wife was, but did not answer the door).

At this point should I just pay the fine of 241.50 or fight it? I live in Flagstaff so I would have to drive back to Phoenix with a court date of 6/17/10.
gertie
Gertrude
Phoenix, AZ
Post #: 27
Mike, What date did they file the complaint? (date of violation is not material) Because if Chele is correct, and 90 days is the limit, then you may have that to fight with if you were served past the 90 days. Otherwise, you might as well just mail in the fine. At least (I think) you don't get points on the interstate violations.

Chele, take a look at the posts by Michael Kielsky, from KRE legal that other posters here quote frequently.

In the book "Smile for the Camera, Photo Radar Exposed", by Susan Kayler, a locat atty that has been on KTAR talk shows, she gives the 120 day DPS/90 day municipality time frame. Of course, i would like to believe the 90 days for them all!

We must educate drivers not to just roll over and pay, because that is what makes these companies profitable. The more we can cut their profits, the sooner they will go away. Because all that talks is money. If they can make money, they will always find a way around what the citizens want, because most polititians are the scum of the earth.

We must teach people how to transfer vehicle titles to a Family Trust or to a spouse, or register at an out of state address if possible, how to avoid service and beat PE at their own game. As long as people remain ignornant and pay, or identify who was driving (including car rental agencies), these cameras will remain worldwide! This is not just an Arizona problem, it is international.

The problem though is when they make the vehicle owner responsible regardless of who is driving, and allow service by mail. Then we are really screwed!
Chele
user 11842018
Tucson, AZ
Post #: 5
Gertie:

I wholeheartedly agree with your thoughts! Anyhow, as an FYI, I have read Susan Kayler's book. However, it was published prior to the adoption of the statute that limited service to 90 days after filing.
I also found something that should be determinative.

Check out what I found: Click Here

They are guidelines promulgated by the Arizona Supreme court re handling photo radar tickets by the court system. It specifically references DPS. Anyhow, check out the bottom of page 6, top of page 7 (quoted below):

"The defendant has 90 days from the date of filing to be served with the citation, pursuant to A.R.S. § 28-1592(B)(2). After 120 days, the court shall dismiss the citation, pursuant to Rule 4(i), Arizona Rules of Civil Procedure. One of several things may occur in the time period between the 90 and 120 days, such as:
1. Prior to the end of the 90 day period for service, the prosecutor may file a motion with the court to extend the time for service.
2. The court can create a local Administrative Order that allows the court to dismiss any
Administrative Office of the Courts photo enforcement case not served or acknowledged after 90 days from the date of filing.
3. The prosecutor can file a standing motion with the court to dismiss any photo enforcement case not served or acknowledged after 90 days from the date of filing."

So, the 90 day rule is in effect. A prosecutor can file a motion PRIOR to the end of the 90 day period to extend the deadline for service for good cause. However, from what I have heard, this is not typically done with these types of citations (at least not for those of us who only have a couple).

So, I have 8 days left to be served for mine. I am crossing my fingers here!
gertie
Gertrude
Phoenix, AZ
Post #: 30
Everyone should be extremely grateful for this useful information, thank you Chele.

Hang in there, the last week is the worst; I just had my 90 day anniversary Thursday!! My husband was becoming so difficult, and every day would ask, when can we start acting like we live here? I do not think he will cooperate again; but we switched all our vehicle titles so we should never have to go through it again.

I actually only saw the server once this time, it was at 5:25 p.m. and he rang and rang and rang. Then he waved the papers at my camera. He had a female (trainee?) with him that stood by the truck that he drove straight into my driveway. I had only been home a few minutes and just had closed my garage! I alerted my husband not to drive in if a white pick up was anywhere nearby. The PS likely made other attempts, but none that we saw.

Watch for cars parked near your residence when you come and go, they will sit and wait sometimes. A friend had one ring the doorbell, then go out and sit in his car a few houses down; she called her husband and told him not to come home! The guy sat out there a half hour. I do not think that is too common, they have too many others to serve to sit like that.

Have you documented any attempts? After your 90 days, let us know! Thank you for all the good info.
Raging B.
1_SilverFox
Glendale, AZ
Post #: 58
I got flashed by the camera on SR51 (Mile Post 2) Thomas Road SB. The incident occurred on 12/24/09. I managed to avoid the PS until two days ago when a PS dropped the papers off at my home even though I was not home (my wife was, but did not answer the door).

At this point should I just pay the fine of 241.50 or fight it? I live in Flagstaff so I would have to drive back to Phoenix with a court date of 6/17/10.
###################­##################################
Mike,
Best suggestion I can make (based on my own experience), if you where NOT personally served, go to the
court that is issuing the "Notice of Violation" and ..... "Ask for an AFFIDAVIT of SERVICE"...
There you will find what the "process server told the court", if NOT accurate, file a complaint with the
proper court. and the "Superior court". There is forms in the Files section of this website on what to file
and sample forms.
I fought the LIE and I won !!!

Good Luck
Chele
user 11842018
Tucson, AZ
Post #: 6
Gertie:

The process server came once that I know of. It was about a month ago, so about 60 days in my 90 day window. He came at the same time yours did on a Monday night and rang the doorbell incessantly for about 15 minutes straight. My husband was home with the kids and I was at the gym. My husband said the guy even said "I know you are in there, I need to talk to you." No way--my husband moved the kids in the other room and he finally left. My loud dog was barking the whole time so not sure if the PS heard anything or not.

So, did your PS come about the same time? Any attempts in the last week that you knew of?

I wish there was a way to find out if a motion had been filed to extend service. It can only be filed with 'good cause' which is usually discretionary, although I have never heard of it being filed in the run-of-the-mill photo radar case. Once my 90 day window is passed, I may have another attorney call the clerk to whether a motion has been filed, although I am a little hesitant to do so.
adam c.
user 11764989
Apache Junction, AZ
Post #: 8
So i am kind of wondering how this works, i got my ticket in the mail with a filing date of 3/15 i believe, its the only other date besides the date of the infraction, so how long do they wait to serve you cause my court date is 6/01 so, do they wait until then? or do they wait until the date it tells you to pay the fine, and then try? just trying to figure out when to start keeping any eye on cars around the neighborhood, luckily shouldnt be to hard to spot in my neighborhood as NOONE has came to knock at our door in 12 years, and everyone parks inside of yards so there is rarely every a car on the street

so if my infraction was a red light, and the date on the ticket for the filing is 3/15 i just have to be clear til 6/15? i hope so! really dont want to pay this , watching the video of the light i was clearly accrossed the stop line, and near side of the cross walk before it changed to red! which by federal definition of an intersection i did not enter the intersection after it turned red
adam c.
user 11764989
Apache Junction, AZ
Post #: 9
no my red light i was traveling straight, in a 40mph, watching the video i was clearly past the stop line and the near side of the cross walk, but haha i plan on trying to dodge them since it was in mesa and i live in apache junction, just hope i can get my mother to cooperate! haha
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