So, looking again at that ticket that came in the mail, if the driver signs and returns it, the driver is waiving the legal requirement that the city serve the complaint personally. What about that duty to cooperate? No, you are not required to waive your rights to due process just in the name of cooperation. And if the city or county fails to personally serve you, you cannot be fined.
Arizona law requires that the State prove the driver’s speed was unreasonable under the circumstances, conditions and actual and potential hazards then existing. I wonder how a camera can do that. And it appears that no one in the court room can prove it either. However, there is one problem with showing up to fight a ticket which was mailed to you — you are assumed to have admitted to being the driver by just appearing in court to fight the ticket! If you hired a lawyer to appear for you the case would be dismissed for lack of jurisdiction. There would be no proof you were driving because the State’s witness from the camera manufacturer does not have a driver’s license photograph of anyone. By showing up, you have proved it for them.
Ignorance of the laws can be very costly! Stand up to camera tickets by not waiving any of your rights as a resident of Arizona, and feel comfortable doing so since the odds of personal service are quite low, and they still must prove you were there and breaking the law. Spend that fine on a lawyer instead!
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