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Old January 28th, 2010
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Default Traffic Camera Company Seeks to Rewrite Arizona Law

An automated enforcement company is turning to an unelected branch of government to re-write Arizona law regarding proper service for traffic tickets. Redflex Traffic Systems of Melbourne, Australia convinced John D. Wintersteen to file a petition earlier this month that asked the Arizona Supreme Court to modify the state's rules of civil procedure to better accommodate red light cameras and speed cameras.

"Unlike the majority of other jurisdictions that have implemented photo enforcement, Arizona's rules governing service of process have not been simplified to accommodate the unique challenges presented by the widespread use of photo enforcement equipment," the petition prepared by Redflex lawyers stated. "Rule 4.1 does not currently allow defendants in photo enforcement proceedings to be validly served with a copy of the summons and pleading by first-class mail."

Under Arizona law, photo citations issued by municipalities carry license points. Although private vendors may send citations through regular mail, motorists are under no obligation to send payment unless they receive personal service. In 1992, the Arizona Court of Appeals confirmed this interpretation of state law and the city of Paradise Valley decided not to appeal to the high court (view decision).

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