Photo Radar Law FAQ
Nothing! If you respond in any way, you are giving up your right to be served by a process server. You are WAIVING service, which the law does not require that you do.
No, the City and the photo radar company were supposed to do that before they even sent out the ticket. If you identify the driver, you are doing the city's job. Rather than take the time necessary to do the job, they want you to do it for them. Instead, the Superior Court ruled that the city has no jurisdiction over tickets it issued to registered owners this way. You need do nothing.
According to the law, the ticket must be served by a process server or police officer within 120 days of when it is filed, however it must be filed within 60 days of when the violation took place. To be legal, the papers must be delivered to you personally or left with a member of your household who is of suitable age and resides with you. It is not legal to leave papers on the ground or in your door, nor is it legal to leave the papers with a housekeeper or guest. For example, if you were not the driver and you tell the city who the driver is, the city has 60 days to file a new ticket with the name of the driver. If the ticket is filed after the 60 days, the case gets dismissed. If the process server does not serve you within 120 days the case may be dismissed.
For not responding to a mailed ticket---NO For not identifying the driver---NO
For failing to respond after a ticket is served by a process server---YES
For not responding in some way if the process server leaves the papers at your front door---YES
For failing to pay a ticket---YES
Your license should never be suspended with a photo radar ticket, however, if the process server tells the court you were served and you don't appear on the date in the papers that were served, the court will suspend your license.
What to do? Go to our downloads page and find the help you need, fast and free!
Most likely you did not receive a ticket, you received a notice that the city wants to issue a ticket but first they need you to identify the driver. You do not have to identify the driver. Neither does a car rental or leasing company.
Some cities issue tickets to company names and then require the person who responds to meet with a judge who insists they identify the driver. There is no law or rule requiring you to identify a driver and a ticket issued to a company name is illegal on its face. A company has no driving record for one thing.
Best to ignore tickets issued in a company name. Tell car rental companies that they do not have your authority to give out your name in photo radar ticket cases.
This is not legal service and there is no rule or law that allows it. In fact, the law says a process server cannot leave papers at your door. Nonetheless, the process server will file an affidavit saying he served you and if you don't respond, the court will enter a default judgment. So, what do you do? First, you must bring the illegal service to the court's attention. Second, you must file a complaint about the process server. If you don't, it will happen to others, maybe even you, again and again. Go to our forms page and fill out a complaint by clicking here.
We have forms to help you. Depending on your situation, the first thing to do is file a Motion to Set Aside Default. Find one on our Forms page.
Yes, the one time you do have to respond is when a ticket comes with an Order for Alternative Service. Don't throw out that envelope! If a process server tries to serve you and is unsuccessful a court can issue an order requiring you to respond to the mail. If in doubt, contact us!
Yes, you can. If you ask the court to set aside the default and the court says no, then you have the right to appeal that decision. Check out our appeals page and email us with your questions. Good luck!