Wednesday, February 15, 2012

Caught speeding by a traffic camera?

when being caught speeding by a traffic camera in the state of ohio. how long do they have to mail the ticket before it is no longer valid?Caught speeding by a traffic camera?
You might want to check the law in Ohio as to service of process.



A friend of mine... who is knowledgeable in the subject... pointed to the law here in CO. It says... in a nutshell... that the ALL complaints... which includes traffic tickets... must be PERSONALLY SERVED UPON THE DEFENDANT.



This poses an interesting problem for tickets issued via traffic camera. Ordinarily a police officer handing you a speeding ticket through the window of your car constitutes valid personal service of process for the state/city.



When a camera snaps a photo of your car.... you are NOT personally served with a ticket. Rather.... it comes in the mail. Mailed service IS NOT sufficient to institute ANY type of case... be it civil or criminal.... absent EXTRAORDINARY reasons why personal service cannot be achieved.



I believe they have 90 days here in CO to get you PERSONALLY served. Trouble is fines usually increase on tickets 60 days delinquent.... so you are playing with fire a little bit. However... his friendly suggestion to me....



if you ever get a photo speeding ticket.... do not pay it. As long as you don't open your door for a police officer for 90 days after that date the ticket will become unenforceable. Never served... like it never even happened. No conviction is possible because no case ever instituted.... and here I have the statute to prove it.



Check and see whether OHIO law requires personal service.... I bet it does.



Traffic cameras are a nuisance and serve only as a form of taxation... there IS NO deterrence element to protect public safety because the person NEVER GOT PULLED OVER. It's BULL and it needs to stop... and there is no way around the personal service requirement in our legal system.... nor should there be in my opinion.Caught speeding by a traffic camera?
7 yearsCaught speeding by a traffic camera?
it doesn't take to to long
Those cameras are not legal. They have nothing to do with law enforcement. They are a private company. If you don't pay they will report it to your credit bureau.

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