Arizona Laws 28-1602. Photo enforcement violations; law enforcement review; violation; classification; service of process; no duty to identify photo or respond; definitions
A. Notwithstanding any other law, if a person receives a notice of violation in the mail for a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system, the person does not have to do either of the following:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Arizona Laws 28-1602
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Traffic: means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. See Arizona Laws 28-1501
1. Identify who is in the photo.
2. Respond to the notice of violation.
B. The notice of violation must state the following:
1. The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice.
2. Failure to respond to the notice may result in official service that may result in an additional fee being levied.
C. Before a citation is issued, a law enforcement agency must review evidence that is recorded by a photo enforcement system to determine whether a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device occurred.
D. A photo enforcement company may not determine whether a violation of chapter 3, article 3 or 6 of this title occurred for the purpose of the issuance of a citation. A violation of this subsection is a class 1 misdemeanor.
E. In addition to any other means authorized by the Arizona rules of civil procedure, alternative service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence’s garage door. Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation. Notwithstanding any other law, a person’s driving privileges may not be suspended or revoked as a result of a citation that is served by alternative service of process under this subsection.
F. If a law enforcement agency issues a citation as a result of a photo enforcement system and serves the citation in a manner other than what is prescribed by section 28-1593, subsection A, the agency shall inform the person that there is no obligation to identify the driver or respond to the citation. Failure to respond to the citation will result in the probability that the person will be formally served pursuant to state law and the Arizona rules of civil procedure which will likely result in the person being required to pay the cost of the service.
G. For the purposes of this section:
1. "Notice of violation" means a notice issued by a photo enforcement company or municipality that is not a uniform traffic ticket and complaint.
2. "Photo enforcement system" has the same meaning prescribed in section 28-601.