[Don B.]

^ In Arizona, the mailing of a photo-generated ticket does not satisfy rule 4(e) of the Arizona Rules of Civil Procedure regarding service of process in a civil action. Let's be clear - photo tickets are basically lawsuits for money damages, and thus subject to the ARCP. To effect service normally, you must hire a process server to have the service properly completed. Without proper service, the court does not have personal jurisdiction over the parties to the complaint. There's also the issue of notice. Despite this, Arizona courts still send these photo generated tickets by the thousands out to the public, implying that if you ignore the ticket, you could be found guilty or worse. They count on the ignorance of the public in this area.

I would suspect there are other states in this same situation. Anyone receiving a photo ticket in the mail should immediately check their state's rules of civil procedure to determine if the mailing of said citation constitutes proper service. They can also check with a local attorney. If it is not proper service, I would urge you to tear up that ticket and move on with your life.

If you want to issue citations, hire a cop to do it the right way. Don't take the easy/cheap/lazy way out to mail out tickets to people because it is expedient to do so.

--don