Many people do not understand that; by law you must be served by an official Processor Server in order to be officially summoned into court to answer a charge.
The notice sent to you in the mail IS NOT proper service. The court depends on people’s ignorance. DPS has admitted that only 1/3 of the citations issued are paid.
You have the right to be officially served and do have to respond to any mail or phone correspondence. In fact, if you respond, you waive your right to service.
If I were to receive a Photo Radar citation in the mail, I would throw it away and wait for the correct service. I would, of course, risk extra costs.
Keep in mind, once served, you must appear. There is no assumption of guilt if you wait to be served nor can your Drivers license be suspended.
You should also know that individual cities/jurisdictions, subcontract process service to third party companies. These process severs are paid for each services, a formula for corruption.
Now we hear that the City of Tucson is apparently wrapped up in a scam where one of there processor server’s fraudulently indicated to the court that up to 1,000 people were served, when they really weren’t.
The Tucson Police Department’s official position on Photo Radar cameras is; they help law enforcement. This does nothing but confirm what we have been telling the public from day one; Photo Radar corrupts government!
Photo Radar has nothing to do with law enforcement, it’s about the money. As a Deputy Sheriff, I’m ashamed and refuse to be associated with corrupt government.
This could mean hundreds of people had their driver’s license wrongfully suspended.
**One more note: If you receive a notice to ID a Driver, you don’t have to!!
I was a little shocked and concerned to hear an offical with the Tucson City court defining “the system works” as “people complaining about not being served”.
It wasn’t the courts that detected the fraud, it was ticketed drivers that had their license suspended, wrongly accused or was ready to go to jail and didn’t understand why!
That’s like having a fire fighter set fire to a building, calling the fire dept to put out and declaring the “System worked”. We in law enforcement call this; arson.
What this process server did is nothing short of Perjury. I would even consider Misuse of Public record, a class 2 felony. In any case, this spells Zero confidence in the City of Tucson courts system.
The City should DUMP all citations where Photo Radar was used and any one that had their license wrongly suspended should look into protecting their right with legal action.
Holly cow, is this the best we can expect from our legal system?
– Bill Conley