Do you really have to pay that photo radar ticket? Susan Kayler, Scottsdale attorney and a traffic-law expert, says there are a number of reasons why you may not. In fact, she suggests, the current photo radar system in Arizona is itself a far cry from legal.

Kayler begins by cautioning that Arizona courts have an inconsistent history with photo radar. For instance, state law requires that the driver be clearly identified, which is why some attentive drivers hide their faces behind their arm or sun visor when passing photo radar cameras.

Kayler, who has worked in the Valley as a judge, prosecutor and defense lawyer, cites numerous photo ticket cases that were dropped because the driver couldn’t be identified. “But there is one case, rather notorious, where the only thing showing was his chin,” Kayler says. “And he lost the case.”
As a result of these inconsistencies, you may or may not win your photo radar case. Still, Kayler says it’s almost always worth the chance to fight the ticket. Read on.

Don’t Mail the Ticket

First, Kayler clarifies that Arizona law does not require an answer to a ticket delivered by mail. In fact, the state cannot technically issue a ticket by mail. If you sign and return the form in the mailed ticket, you have waived your right and accepted the ticket as delivered by mail. Signing and mailing the ticket means accepting the charges.

Kayler says don’t be intimidated by the harsh language of the letter. “They cannot suspend your license until they first prove that you have been properly served,” she said.

Those who ignore a mailed ticket may be served in person at their residence by a process server. But Kayler says in one recent year, ticket servers only made it to approximately 800 of 80,000 ticketed homes, adding she personally would take the gamble that they wouldn't make it to her house. However, the city has recently warned it is increasing its army of personal ticket servers.

Even if you are properly served, your license will not be suspended unless you ignore the fines, and even then only by court order with the approval of a judge.

Despite of the threatened increase of process servers, one Scottsdale resident showed The Times three photo tickets he has been mailed in recent years. He has ignored all of them and says he has yet to be served.

If you exercise your legal right to ignore your ticket and are served in person, you will have to pay a “serving fee” to cover the costs of the process service company responsible for hand-delivering your ticket.

Ignoring the personal server is not a good idea, Kayler says. However, she adds, “Leaving the ticket on the ground at your front door does not constitute personal service regardless of how common a practice it has become.” She says she would ignore anything that isn’t hand-delivered by an official serving agent.

If They Find You Home

“If the ticket was delivered legally, you still have options,” Kayler says. You can pay the ticket, attend defensive driving classes or request a hearing.

Given the possibility of increased insurance rates, taking the defensive driving course may be wise. One study found that a single speeding ticket increases insurance premiums by more than $300 annually.

Kayler suggests opting for a requested a hearing if you don’t think you were speeding. The Alaska Supreme Court actually banned photo radar from the state after a faulty radar camera snapped shots of an empty road. That case proved the equipment can and does make mistakes.

Those challenging photo radar tickets in court may want to brush up on some of the laws. Kayler's book, Smile for the Speed Camera, Photo Radar Exposed!, offers a number of legal explanations and technicalities in user-friendly language.

The book explains the significance of a blurry picture and a state witness. It also explains why the state must prove you were driving at a speed that was not “reasonable and proper.”

Also, “If a ticket isn’t signed by an officer, or an agent of the police department, it’s not legal,” Kayler says, and a computer-generated signature has, in some cases, been deemed insufficient for prosecution.

Kayler has never received a photo radar ticket and says she favors the state law of driving at a “reasonable and proper” speed. She also says she does not necessarily oppose photo radar, if carried out legally. “My problem is that there are so many aspects of it that are not done legally. I’d like to see the city do it legally if they’re going to do it,” she says.