Avoiding Photo Enforcement, Tip #18



In this series, we’re providing tips and methods to exploit and highlight the weaknesses and problems of photo enforcement. Use at your own risk, your mileage may vary.

The most obvious example of how laughable photo enforcement is as a law enforcement tool is its inability to identify violators. Most patriots would see this alone as a reason why photo enforcement should never be used in this country.

Larry Fitzgerald, a wide receiver for the Arizona Cardinals, found this out first hand. He recently received 5 photo tickets in the mail; however, 4 of the 5 tickets had photos of a person clearly of another race. The Phoenix New Times reports that these tickets have since been dismissed, most likely after these tickets received media attention. Those of us who are unlikely to make news at outlets like TMZ will probably still have to go to court or respond to tickets issued to the wrong person. That is, only if we are served of course. An officer reviews each ticket? Yeah, right.

So, driving a car registered to a person of the opposite sex or registered to someone who looks nothing like you is our tip for the week. According to page 8 of the Redflex operations manual, they’ll still send you a ticket. But if you do get served and report to court, you should have no problems getting your case dismissed.

Tip: If you’re married, register the car you drive most in your spouse’s name ONLY, and register the spouse’s primary car in your name. And remember, you are NEVER required to divulge the true identity of the driver. That’s what police and detectives are for!

18 Responses to Avoiding Photo Enforcement, Tip #18

  1. Julie says:

    A process server came to our door and stuck two summons on our front door. I thought they had to hand you the summons, not tape it to the door. Can I fight this?

    • Malfeasant says:

      Good question. I had the same happen a while back. I have ignored service on principle, because at worst, they will suspend my license and I will have to pay the ticket, service fee, and a few fees on top of it. My license has been suspended before (albeit 15 years ago) and it was not the worst of experiences, at the moment I consider it worth the risk. If I’m motivated, I can file a motion to set aside default judgment, if I’m lucky I’ll get my hearing, and get the charge dismissed (because the person in the picture is wearing a full face motorcycle helmet and is unrecognizable), and maybe the process server will face some sanction for lying about properly serving the paperwork. But, I think it’s also possible that the server did not report it as served, it is my understanding that the state lets you know pretty quickly if your license is suspended, and it has been over a month… So this is my decision- but I’m very much a risk taker. If you tend to avoid risk, you’re better off considering yourself served, requesting your hearing, and take your chances with the court.

      • photoradarscam says:

        They are NOT good about notifying people when their license is suspended. Look in the archives here a few months ago there have been several news stories of people finding their licenses suspended YEARS later when they apply for a job or get pulled over.

        I suspect they are taping notices to doors and not reporting it as served, just to see if they can fool people into responding. In order for taping a notice to a door to be valid, it would also have to be accompanied with an order for alternate service approved by a judge. If they are reporting it as served, then the server is indeed lying and subject to sanctions.

        • Malfeasant says:

          you may be right- last time my license was suspended, i didn’t know until months later, colorado state patrol pulled me over doing 79 in a 65 in the middle of nowhere. i don’t remember how much the ticket was, but driving on a suspended license just added $15 to it, and they let me keep driving. my license was from massachusetts, so i pretty much had to drive home to take care of it- when i got pulled over again the day i arrived in boston (this time for driving “too fast” on ice- my colorado car had studded tires, it held the road just fine, i hadn’t even noticed how icy it was) i was told driving on a suspended license was a criminal offense, but the cop listened to my story and opted not to arrest me, though he said he could have- he didn’t allow me to keep driving😀 …interesting what a wide range of legal ramifications the same act can have…

  2. Sure says:

    San Carlos/ Redflex

    Shortening yellow light times and moving the cameras:

    CameraFRAUD.com

    Phoenix, AZ
    1,121 Volunteers

    Welcome to CameraFRAUD. We are united in our effort to get rid of every speed camera, red light camera, and photo radar van here in Arizona and across the country. We were suc…

    Check out this Meetup Group →

  3. Sure says:

    How ATS and Redflex Use Those Polls

    CameraFRAUD.com

    Phoenix, AZ
    1,121 Volunteers

    Welcome to CameraFRAUD. We are united in our effort to get rid of every speed camera, red light camera, and photo radar van here in Arizona and across the country. We were suc…

    Check out this Meetup Group →

  4. Sure says:

    What are you up to, Councilman Zine?

    CameraFRAUD.com

    Phoenix, AZ
    1,121 Volunteers

    Welcome to CameraFRAUD. We are united in our effort to get rid of every speed camera, red light camera, and photo radar van here in Arizona and across the country. We were suc…

    Check out this Meetup Group →

  5. Neil2112 says:

    Julie, yes, you can fight that. They do have to personally hand it to you. Did you take a photo of the summons stuck on the door? That would be helpful. You can also push to get the process server’s license revoked for breaking the law.

  6. Another person pissed about illegal process serving:

    http://twitter.com/IllegallyServed

  7. Julie says:

    Thanks photoradarscam. How do you know? How do you find out if they are trying to trick you or if the process server reports you as being served? I’d like to find out, that will help me to decide how I want to handle this, Thanks.

  8. oh boy says:

    Just don’t understand how these process servers get anything done. I mean, why would anyone in their right mind open their door at night to a stranger? How could anyone expect that we would? (especially in this area with all the home invasions)

  9. oh boy says:

    I know a great way do deprive these folks from their ill-gotten gains. Make a list of all the redlight camera locations in Phoenix… Then avoid them.(I never knowingly drive through one of these intersections.) There is usually more than one way to get where we are going. Fact is if you go through them enough, sooner or later they WILL get you and I believe their are points issued. Maybe someone could post a list of these for everyone? Every little bit counts.

  10. […] committed the offense. That doesn’t seem to have had any effect on procedures, as the police still issue tickets even with obvious race and appearance mismatches. Judges don’t seem to want to enforce […]

  11. […] committed the offense. That doesn’t seem to have had any effect on procedures, as the police still issue tickets even with obvious race and appearance mismatches. Judges don’t seem to want to enforce […]

  12. Barb says:

    I got a ticket on 12/30/09. The first mailed ticket came on 1/5/10. I thought I had 60 days ’til I was out of the woods but process server came last night and got my boyfriend in the driveway. Do I need to pay this?

  13. Alucard says:

    1) Contact the court and get 2 things: a) copy of the affidavit of service; and b) date the “complaint” was filed in court, if it is not listed on the complaint form.

    2) Take the date the complaint was filed in court and add 91 days to it to come up with a cutoff date. Then, compare the cutoff date to the date your BF got served. If the cutoff date is earlier than the date of service, they got to you too late. You may still have to go to court to get the charge dismissed, however.

    If the cutoff date is later than the date of service, however, then they got to you in time. Service to any adult at the address in question is considered completed service.

    3) Assuming that #2 above does not work in your favor, then most likely you’ll have to “participate in the lottery”, in which case you’ll want to look at the affidavit of service to see if there are any glaring errors on it and/or use other means to deal with the case.

    So, it would appear that you’ll have to deal with the ticket, but whether or not you have to pay it is another matter. I recommend not paying it until after looking closely at the case and exercising the (few) rights you have.

    I got served with a scamera ticket about a month ago, but the process server apparently failed to file the affidavit of service on time (it still was not on file when I checked with the court 15 days after the date I got served). The court dismissed the case, on the grounds that service was not accomplished within 90 days because the affidavit was not filed by the cutoff date. The Tempe court stated that my case must have fallen through the cracks due to their installing a new computer system. To this I replied — “I’ll take a win any way I can get it. Do you think we can install an even better computer system that will permanently close down the use of photo enforcement in our town? Most of the Tempe Police Department hates PE and would applaud such a move!”

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