A processor came to my house after 9:00 p.m. to serve a summons for a photo radar ticket. I informed the processor that I will not accept the ticket and closed my door. The next morning the summons was left under my door mat. Based on him leaving this at my door, does this mean I have been properly served and will have to appear in court if I don't pay the ticket before the court date? This is the first time I was aware of the ticket and the photo of me and my license plate is not clear, so if I have to go to court can I use the bad image of my picture and license plate as a defense?
2007-01-18 16:22:38 · 10 answers · asked by time4sax 1 in Politics & Government ➔ Law Enforcement & Police
Get a lawyer. Service can be challenged. So can photo radar tickets. The question you have to ask yourself is whether the time and money to fight it is worth it. Traffic tickets are no longer about safety in this country. It's about a toll and tax on citizens who pay for the road ways and then pay again through, often bogus, tickets. By the way, check out the photo radar. Get the callibration reports and find out at what speed the photo radar was set and whether it was set properly. Some crooked towns and cops set the photo radars so they give tickets based on improperly set speeds. I believe Phoenix, Arizona had Photo Radar and if you look up some of the thousands of tickets that were challenged in Phoenix, you might get some insight as to what you can do to fight it. Get a petition started to put the use of Photo Radar on your local ballot. Let the people vote on it and then maybe you can knock it dead.
2007-01-18 16:58:25 · answer #1 · answered by MH/Citizens Protecting Rights! 5 · 0⤊ 0⤋
In California that service would be considered personal service and would be legal. The whole idea of "If you don't touch the summons, you are not served" is simply not true (at least not in California). The process server will likely report personal (verbal) service to the courts and will likely also report that they left the summons at your residence.
If you fail to appear you risk a driver's license suspension and/or an arrest warrant.
AS to the other half of the question, the license plate in the picture must be clear enough for the police agency to have run your plate and got your home address, seeing as how a process server came there! You can argue in court that the photo is not you and/or not your car, but if the judge views the photo and can reasonable say that it is you driving the car, you are probably paying for it.
2007-01-18 16:29:20 · answer #2 · answered by James P 4 · 0⤊ 1⤋
Under the Federal Rules of Civil Procedure, and probably all state laws, the service was valid.
You can certainly challenge the photo, but only if it was not you. If you challenge the photo, you'll be asked, under oath, if it was you. If you lie, and they can prove it, you'd be in BIG trouble. You can challenge the RADAR, which some people have done, but it's very hard to win such a case.
If you did it, you should let go, and pay the ticket.
Good Luck!
2007-01-18 19:33:58 · answer #3 · answered by tallthatsme 4 · 0⤊ 0⤋
Absolutely unreal. Why not just go to court & get it over & done with. You may not have to pay the ticket & you just might have to, but ignoring it will cost you your drivers license & registration will not be allowed on your car with an outstanding ticket in California, starting this year! Don't be an idiot..you have been served at your place of residence. You blew it when you spoke to a stranger. Think about that one.
2007-01-18 16:57:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The summons was considered "properly served". The photo & license plate is normally unclear as it's the duplicate copy you received. This defense is not strong enough.
2007-01-18 16:47:13 · answer #5 · answered by Tan D 7 · 0⤊ 0⤋
yes you have been served. If the house is your legal address and they have resonable belief that you live there, then you've been served! You do not have to have the paers delivered into your hands. If the location in the summons/ticket is not posted as being a radar patrolled area then you may have legal recourse to fight the ticket.
2007-01-18 16:33:38 · answer #6 · answered by caregiver 2 · 0⤊ 0⤋
1 )Never drink alone. Ring our doorbell. 2) All are welcome except YOU! 3) we serve only the finest Californian wines... did you bring any? 4) if you are a parents, you could have ring bell, win a kid 5) Don't make me come out there! (Digned by dog) 6) the cat and it's housekeepers live here 7) Did you remember to wipe? 8) Hi, I'm Mat 9) key hidden here! (arrow pointing under mat) 10) Oh s**t, not you again! Hope that helped!!! : )
2016-05-24 05:53:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You knew what it was & refused it,in your own words.Yes he did right!
Pay the ticket!
It is amazing how far some ppl will go to get out of trouble! Even lying more!
Accept your responsibilities!
2007-01-18 16:27:22 · answer #8 · answered by Frogmama 4 · 0⤊ 1⤋
Contact a Lawyer to see.I don't really think that is proper.
2007-01-18 16:26:54 · answer #9 · answered by Jo 4 · 0⤊ 0⤋
he did it right why would you think you could just refuse a summons
2007-01-18 16:29:30 · answer #10 · answered by jjissodamngreat 4 · 0⤊ 0⤋