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Old Jan 9, 2013 | 4:11 am
  #31  
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Originally Posted by rajuabju
Instead, what do I get in the mail? A big envelope from Avis claiming I DAMAGED the car, complete with repair estimates, photos of the damage to the front bumper of the car, and a demand for payment for the repairs and loss of use.

[...]

If its not one thing, its another I guess.
Like you said, if it's not the red light ticket it's Avis and if not that it will be something else. I'm always willing to help out a fellow FTer, so just write me a check for $500 and put this experience behind you. Or PayPal, or whatever. No need to cancel your CC or go to court or anything. You're welcome.
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Old Jan 10, 2013 | 4:17 pm
  #32  
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Some $0.02 on each issue (not worth much, maybe a penny for each issue):

a) The bogus damage claim: I've rented 100s of times with Hertz and never had this problem except once, in California. Anecdotal evidence suggests to me that California has more of a problem with this type of stuff. And some parts of Europe.

b) The photo ticket: Mine was photo radar. I was speeding. Fast.

Hertz didn't pay the ticket, but they did give the law my information, and 18 months later I was mailed a blurry photograph that would never hold up in court.

At court I approached the officer (acting as state's attorney) and told him I was going to ask for the charges to be dismissed based on the quality of the photo.

He said, "I wish they wouldn't send out those poor quality scans," and proceeded to show me a very clear photo of yours truly.

I immediately realized and admitted I didn't have a case. He appreciated my forthrightness and we started discussing photo radar technology (the older systems are 35mm that get scanned, poorly as in my case, the new systems are all digital).

He then offered to reduce the ticket to the minimum allowed by law. I accepted. The judge seemed a bit stunned, and said, "Mr. Rut Dog, you drive a good bargain." A $500 fine was reduced to $100.

I was just honest, reasonable, and friendly. It can go a long way in court.
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Old Jan 10, 2013 | 6:44 pm
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it can take up to 3 - 6 months for the ticket to arrive so not off the hook yet. hope all goes well
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Old Jan 10, 2013 | 7:19 pm
  #34  
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Originally Posted by Rut Dog
At court I approached the officer (acting as state's attorney) and told him I was going to ask for the charges to be dismissed based on the quality of the photo.

He said, "I wish they wouldn't send out those poor quality scans," and proceeded to show me a very clear photo of yours truly.

I immediately realized and admitted I didn't have a case.
You had an excellent case. The photo was hearsay and the cop was not competent to lay a foundation to have it admitted in evidence.

You may want to read the following California Court of Appeals case:
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Old Jan 11, 2013 | 3:25 am
  #35  
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Originally Posted by TWA884
You had an excellent case. The photo was hearsay and the cop was not competent to lay a foundation to have it admitted in evidence.

You may want to read the following California Court of Appeals case:
I'm no lawyer, but skimming this case it is clear that the hearsay argument is based on the police officer having no direct involvement with the camera.
Officer Butkus was not employed by Redflex nor was he its custodian of records; he did not perform the maintenance or calibration of the machines himself; he was not present when the calibration was performed; he did not inspect the photo enforcement unit in this case; he was not present when the inspection was supposed to have taken place; it was not part of his job duties to inspect or to calibrate the photo enforcement unit; he did not take the photos or video in the case and was not present when they were taken;
My conversation with the officer in my case made clear quite the opposite. He was happy to describe, at length, how he set up the portable unit, posted a sign, calibrated the camera, etc, etc. It was all rather interesting.
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Old Jan 11, 2013 | 4:01 pm
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Originally Posted by Rut Dog
I'm no lawyer, but skimming this case it is clear that the hearsay argument is based on the police officer having no direct involvement with the camera.
Officer Butkus was not employed by Redflex nor was he its custodian of records; he did not perform the maintenance or calibration of the machines himself; he was not present when the calibration was performed; he did not inspect the photo enforcement unit in this case; he was not present when the inspection was supposed to have taken place; it was not part of his job duties to inspect or to calibrate the photo enforcement unit; he did not take the photos or video in the case and was not present when they were taken;
My conversation with the officer in my case made clear quite the opposite. He was happy to describe, at length, how he set up the portable unit, posted a sign, calibrated the camera, etc, etc. It was all rather interesting.
Are you sure you are "no lawyer?" You laid out that cogent argument very competently and succinctly! I have heard "yes lawyers" do it much less competently and succinctly!
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Old Jan 12, 2013 | 6:46 pm
  #37  
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I got a speed cam ticket from Pima County, AZ (Tucson) in the mail today. I do recall the flash so I was not surprised (I did not think I was driving too fast under the conditions but never mind that). I also got, today, a notice from Hertz that included a bill for $30 default is they charge my cc. The traffic enforcement company (this is contracted out) finds Hertz as the owner of the vehicle (even though it had Washington State plates), Hertz gives them my ID, and probably all the driver license info too, and charges me $30. OK, not worth arguing about.

The ticket, though is $236 for 11 mph over the limit, which is pretty hefty. I live on the east coast. It is my understanding from what I've read on the web (I know, worth what I paid for it) is that there will be no follow up on the ticket unless I am served by a process server, or I waive my rights for service by signing the form and sending them the dough.

I'm wondering if they will try to serve me as I'm out of state.

I'm also wondering if I pay the fine, if it will show up on my driving record here, and result in an insurance surcharge. I did not think this info would cross state lines, and it did not years ago when I got my last speeding ticket, in Utah, but again stuff I read on the web suggests this info is now shared.

Anyone have any experiences with this?
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Old Jan 12, 2013 | 9:56 pm
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Originally Posted by MojaveFlyer
I got a speed cam ticket from Pima County, AZ (Tucson) in the mail today. I do recall the flash so I was not surprised (I did not think I was driving too fast under the conditions but never mind that). I also got, today, a notice from Hertz that included a bill for $30 default is they charge my cc. The traffic enforcement company (this is contracted out) finds Hertz as the owner of the vehicle (even though it had Washington State plates), Hertz gives them my ID, and probably all the driver license info too, and charges me $30. OK, not worth arguing about.

The ticket, though is $236 for 11 mph over the limit, which is pretty hefty. I live on the east coast. It is my understanding from what I've read on the web (I know, worth what I paid for it) is that there will be no follow up on the ticket unless I am served by a process server, or I waive my rights for service by signing the form and sending them the dough.

I'm wondering if they will try to serve me as I'm out of state.

I'm also wondering if I pay the fine, if it will show up on my driving record here, and result in an insurance surcharge. I did not think this info would cross state lines, and it did not years ago when I got my last speeding ticket, in Utah, but again stuff I read on the web suggests this info is now shared.

Anyone have any experiences with this?
Check it out, see if you can find one real, provable, person who you can be sure has actually been served over a simple moving violation which does not involve damage to persons or property, or DUI, no matter where someone lives. AFAIK, there is no state in the US which has service for no damage no DUI moving violations, not in state, not out of state, for single violations. However, check how many states which do have compacts with other states for points being assessed if no defense or court appearance or ticket payment is made for moving violations. As always, YMMV!

ADD EDIT: How will you feel about this if you do ignore it, and a year from now, after points have been assessed, and your insurance goes up by $300 every six months for the next three years, for a $236 ticket, while you did nothing to check into it with proper legal advice or at least more than researching it on the Internet?

Last edited by USirritated; Jan 12, 2013 at 9:59 pm Reason: ADD EDIT
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Old Jan 13, 2013 | 9:07 am
  #39  
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Originally Posted by MojaveFlyer
The ticket, though is $236 for 11 mph over the limit, which is pretty hefty.
Count your blessings that the ticket is not from California. You would have been looking at least double that fine (including all the penalty assessments).

Originally Posted by MojaveFlyer
I live on the east coast. It is my understanding from what I've read on the web (I know, worth what I paid for it) is that there will be no follow up on the ticket unless I am served by a process server, or I waive my rights for service by signing the form and sending them the dough.

I'm wondering if they will try to serve me as I'm out of state.
They will not try to serve it out of state, however, it will probably end up on your credit report.

Originally Posted by MojaveFlyer
I'm also wondering if I pay the fine, if it will show up on my driving record here, and result in an insurance surcharge. I did not think this info would cross state lines, and it did not years ago when I got my last speeding ticket, in Utah, but again stuff I read on the web suggests this info is now shared.
That depends on whether your home state is a member of the Interstate Driver's License Compact. Only five states are not in the compact, Georgia, Massachusetts, Michigan, Tennessee and Wisconsin.
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Old Jan 14, 2013 | 5:34 pm
  #40  
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Originally Posted by USirritated
ADD EDIT: How will you feel about this if you do ignore it, and a year from now, after points have been assessed, and your insurance goes up by $300 every six months for the next three years, for a $236 ticket, while you did nothing to check into it with proper legal advice or at least more than researching it on the Internet?
Oh I have been researching it on the Internet quite a bit, and the post that you responded to is evidence to that, as I'm trying to see if I can find someone who has had similar experience, and if not on Flyertalk, then where? My insurance surcharge would be about $100 bucks a year for three years (I don't insure my car for collision / comprehensive, only for damage to other people and vehicles). I don't think I would get much lawyer time for $500.

And yes of course the insurance surcharge would be more than the fine. But if the notice of violation without summons is not a valid ticket, then I would think that would not count as an infraction for insurance purposes, no? OTOH, if I sign the form which waives my right to summons and I pay the fine, would that not be an admission of guilt and then I'd expect my insurance to be notified?

Actually I think the insurance would get notified by the state DMV, which is how bad driver point are assessed. But maybe I'm safe (see the post immediately before this) because my location is BOS Have to confirm that one.

Thanks for the answers!
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Old Jan 14, 2013 | 5:47 pm
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Originally Posted by MojaveFlyer
Oh I have been researching it on the Internet quite a bit, and the post that you responded to is evidence to that, as I'm trying to see if I can find someone who has had similar experience, and if not on Flyertalk, then where? My insurance surcharge would be about $100 bucks a year for three years (I don't insure my car for collision / comprehensive, only for damage to other people and vehicles). I don't think I would get much lawyer time for $500.

And yes of course the insurance surcharge would be more than the fine. But if the notice of violation without summons is not a valid ticket, then I would think that would not count as an infraction for insurance purposes, no? OTOH, if I sign the form which waives my right to summons and I pay the fine, would that not be an admission of guilt and then I'd expect my insurance to be notified?

Actually I think the insurance would get notified by the state DMV, which is how bad driver point are assessed. But maybe I'm safe (see the post immediately before this) because my location is BOS Have to confirm that one.

Thanks for the answers!
You MIGHT start with finding out how many states ACTUALLY have IN PERSON service for moving violations. I have never heard of any states which use any kind of SERVICE for moving/traffic violations, UNTIL I read about that in this thread. Of course, I have not experienced moving violations in all fifty states, THANK GOODNESS, but I have in three out of five "states" I have lived in during my life, including Maryland, Florida, and Washington DC (state "like"), but not when I lived in New York or New Jersey. Of course, for anyone who lives in states other than the ones I listed, AS ALWAYS, YMMV!
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Old Jan 14, 2013 | 6:12 pm
  #42  
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The issue of service has to do with the fact that these violations are generated by automated equipment (speed cameras). Usually when you get a traffic ticket, the law enforcement officer signs it - you've been effectively served. But there is no officer involved in the camera tickets - a computer nabs you and records evidence, and supposedly a human who works for a "traffic enforcement" company under contact to the state, county (in my case) or municipality reviews it and signs it.

Anyway, the issue of service applies only to the camera tickets in Arizona, in my knowledge. It may apply elsewhere. I've only been looking at Arizona. And only at the camera tickets. There's been quite a controversy in Phoenix and Tucson areas about these technologies.
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Old Jan 14, 2013 | 6:56 pm
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Originally Posted by MojaveFlyer
The issue of service has to do with the fact that these violations are generated by automated equipment (speed cameras). Usually when you get a traffic ticket, the law enforcement officer signs it - you've been effectively served. But there is no officer involved in the camera tickets - a computer nabs you and records evidence, and supposedly a human who works for a "traffic enforcement" company under contact to the state, county (in my case) or municipality reviews it and signs it.

Anyway, the issue of service applies only to the camera tickets in Arizona, in my knowledge. It may apply elsewhere. I've only been looking at Arizona. And only at the camera tickets. There's been quite a controversy in Phoenix and Tucson areas about these technologies.
There has been quite a controversy almost everywhere in the US where these cockamamie cameras have been used. I cannot think of a single place in the US where they have not been VERY controversial. I have gotten camera tickets from DC, they just come in the mail. My brother has gotten a camera ticket in Maryland, where he still lives, and those come in the mail too. Same for Florida, AFAIK.
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Old Jan 14, 2013 | 7:09 pm
  #44  
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FWIW, in Los Angeles County, red light camera tickets are considered "voluntary," because the Los Angeles Superior Court refuses to aggressively pursue payments because the tickets are issued to the cars' owners who are not necessarily the drivers at time of the violation.
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Old Jan 14, 2013 | 7:10 pm
  #45  
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Most jurisdictions have navigated around the problem by simply enacting statutes which make the registered owner or designated user (think renter of rental vehicle) responsible for fines incurred by the vehicle not any individual. Thus, a fine, but no points or whatever penalties are assessed against any individual.

There's no requirement of personal service of civil speeding tickets in any state I've ever heard of, particularly the jurisdictions with the new statutes described above.

In the end, the consequences of ignoring these tickets are often fairly drastic. Doesn't mean that you can't request a hearing and contest. But, you can't ignore.

The most common consequence is that the fines double on a regular basis and are simply reported, once the default date passes, as unpaid debts. It kills your credit and sooner or later when you want a mortgage, a credit card or you are applying for a job or promotion, the debt shows up and you wind up having to shell out $1,000 to deal with what was once $200.
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