Arizona bans photo radar. Not quite. Monday Gov. Ducey signed legislation that bans photo radar on state highways. Cities and other municipalities (like the Town of Paradise Valley) can still choose whether to use photo radar cameras. Opponents to the camera’s cite several basis for opposing the cameras but the primary is that the system as it is designed is to generate profits and not designed to increase driver safety. Another issue that arises is that due process requires the State to serve the driver with the citation or have the drive acknowledge receipt. Typically when you are pulled over for speeding, the officer hands you the citation and you sign it. Due process is satisfied. That is not the same with the photo radar. Simply mailing the photo radar ticket is not sufficient. A driver is not obligated to pay or respond to the mailed citation, it has to be personally served. However, beware, if you are “dodging” that process server, Arizona statute allow the municipality to serve the ticket by mailing it via certified mail with an additional copy sent via mail and posted on the driver’s residence.
So if you receive the little green card in the mail, along with a mailed copy and one taped to your door, you can’t ignore it.
