6/17/16 Photo enforcement for Speed and Red Light violations are still authorized under Arizona state law. Summons for violations can be issued under Arizona Rules of Civil Procedure, usually by personal service or by alternative service specifically authorized under 28 A.R.S. § 1602. To be valid under 28-1602, the service must be:
…sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence’s garage door. Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation.
Under existing law, if the defendant does not respond after service is made then, among other consequences, their Arizona driver’s license or privilege to drive is suspended.
This year in 2016 Session Law, Chapter 370, the Arizona Legislature changed the consequences of failure to respond to a summons served using the alternative method. Under the new law the defendant’s driver’s license or privilege to drive cannot be suspended as a result of failure to respond to a summons issued using the alternative service. The court may still issue fines but may not suspend the license or privilege to drive.
The court may still suspend the license or privilege to drive if the summons is issued under Arizona rules of civil procedure, usually by personal service.
The net effect of the change in the law is to discourage courts from authorizing the alternative method of service because they will not be able to do anything if the defendant does not respond.
The new statute takes effect on August 6, 2016.
2016 Session Law 370 may be found at:
https://www.azleg.gov/legtext/52Leg/2R/laws/0370.pdf
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