I received a photo ticket in the mail, now what?

"I received an Arizona photo ticket in the mail, now what?"

We get too many calls from good people who should have done more research or asked more questions before acting -- inevitably, they acted on incomplete or bad information, and have made things more difficult and more expensive.

So, the most important answer: Do NOTHING until you know your actual options and the consequences for each.

In general, there will be two types of notices you could have received. The first is a notice of violation, which is basically a mailed ticket, and it would name you as the driver.

The second is a notice that states that a violation is alleged, but they are uncertain of the identity of the driver, and a request to identify the driver.

You have no legal obligation to respond to either type of notice, and certainly no duty to admit that you are the driver.

If you received the second type of notice, basically asking who was driving, that can be easily ignored, because until they generate and file an "Arizona Traffic Ticket and Complaint" naming a specific driver, nothing will happen, and without a response, they probably won't know who to name -- they're hoping someone will oblige them with a name -- you should know better than to name names!

If you got the first kind of notice, then sending in the "Not Me" response almost certainly WILL NOT help, as it usually results in a letter stating that "you cannot be excluded as the driver", and that you are expected in court. Not only that, you have waived service -- that is, you are agreeing that they don't have to personally serve you, that you will be in court to answer the charges (or pay the fine, or take defensive driving).

The specific timeline is important to understand. They have 60 days from the date of the alleged violation to file the ticket in court, then they have 90 days from the filing date to get it personally served.

In Arizona, until you are properly served, the court cannot legally do anything. Personal service is effective if the defendant is personally served (that means, the process server says words to the effect that the documents are important legal documents, and they are offered to the defendant, and then left for the defendant). Personal service (on a substitute) is also effective, if it is at the defendant's residence, and the individual who is served is a co-resident, of suitable age and discretion. Residence, not P.O. or mail box place.

It is not necessary that the person being served accept the papers, that the process server offered them and then left them for the person served when they refused to take them is usually enough.

If the service is at the residence of the defendant, and the person encountered by the process server is of suitable age (14 or older, usually) and discretion (not incompetent), then this would constitute substitute service, and it is valid, as long as the person is also a co-resident at that residence.

A worker (landscape maintenance, domestic, service and repair, etc.) who is not a co-resident is not a proper substitute for accepting service. A visiting family member who does not live there (even if they are an overnight guest), is not a proper substitute for accepting service.

Importantly, the rules state that service at THE HOME of the defendant, upon a person who LIVES WITH the defendant, is proper, if that person is OF SUITABLE AGE AND DISCRETION.

The real tricky part of this is that, if you are NOT properly served, but the court is told you were, then a default could be entered against you, your license could be suspended, and more, if you don't take action.

When challenging a defect in the service, one must be very careful to only challenge the service, as raising any other issue could be deemed by the court as waiving service and accepting personal jurisdiction.

Defensive driving is an option, even if you are served.

You should certainly seek out the services of a competent and experienced attorney to review this matter with you carefully, to challenge the service based upon the lack of proper service, all while avoiding waiving service or appearing generally, and all that to avoid unnecessarily being held responsible.

Your chances of success often improve with the assistance of an experienced attorney, but that certainly is not required.

You could also look up your case to check on its status -- links to the many court websites here:

And, yes, it is a myth that looking up your case can waive service. Sure, it may confirm that someone received the ticket, but it does not meet the requirements for proper service in Arizona.

If you still have questions, please call and ask.

I offer free telephone consultations, and I urge anyone who has the misfortune to receive one or more of these 'tickets' to contact me BEFORE they act.