Photo Radar

[*MS3~SNAIL*]

Interesting story from Fox31 on photo radar...

Denver– FOX31 Denver caught photo radar vans running red lights, speeding, and parking illegally on sidewalks all across the metro area, but no matter how many times FOX 31 Denver confronted the Photo Radar van operators they continued to break the law to enforce the law, and the van operator’s seem to think they can disregard our questions.So how would you like to disregard your photo radar ticket?
Criminal Defense attorney, Gary Pirosko says it’s easier than you might think.
“People believe it’s a legal process and they would get in trouble if they didn’t respond and that’s not the case,” he said.
Pirosko has a history of fighting photo radar. He challenged the legality of photo radar and successfully stopped Denver’s program back in 2002, but only temporarily.
Still, Pirosko knows the best way to get out of a photo radar ticket, he says just don’t pay the notice that arrives in the mail.
That’s right.
The mailed “notice of violation” may look official, even downright threatening.
But according to Colorado State Statute 42-4-110.5, photo radar tickets are not valid unless it is personally served and that means physically handed to you.
“And personal service doesn’t include being mailed a copy. It means actually being handed a copy,” he said.
Pirosko also says the city only has 90 days to personally serve your citation.
“If they can’t hand it to someone within those 90 days the ticket has to be dismissed and never filed again,” he said.
To avoid being “personally served,” Pirosko recommends you don’t answer your door to strangers.
“That’s good advice no matter what the circumstances,” he said.
If you live in a different jurisdiction than where you got your photo radar ticket, Pirosko says you’re probably even less likely to get served, “if the city has to spend $50, $60, $70 dollars or more to collect on a $40 ticket, it’s not going to be worth it for the city to pursue you,” he said.
And here’s something else you should know: photo radar enforcers can’t give you a ticket if you are going 25 miles per hour or more over the posted limit because driving that fast is a criminal offense and the ticket has to be issued by an actual police officer.
So, ironically, the most dangerous drivers don’t get caught by photo radar, while people going 10 miles per hour over the limit pay the price.
To be clear, FOX 31 does not condone speeding.
According the Denver Police Department (which oversees the photo radar program):

• The total revenue collected from the photo radar program in 2010 was $3,652,193.28
• The city of Denver only spent $36,750 to “personally serve” those tickets.

Pirosko says the numbers show an overwhelming majority of drivers are paying the mailed notices even though they are not required to by law, “there’s not a disclaimer on those notices that says you don’t have to respond to this, “ he said, “and there’s a reason for that, it’s a money making cash cow for the city.”
We sent the Denver Police Department a list of questions including, “If the statute says drivers have to be physically served a photo radar ticket, why should they pay the notices they receive in the mail?”
The Denver Police Department did not answer those questions or agree to do an on camera interview, but sent us a statement which says in part, “The purpose of photo radar is to reduce speeds, especially in safety zones, such as school zones.”
Still, drivers we talked to say they rarely see photo radar vans in school zones, construction zones or residential areas, instead they’re parked illegally on sidewalks near heavily travelled roads like University boulevard, Santa Fe, and 6th avenue.
But Pirosko says if you don’t like the Photo Radar vans there is something you can do about it.
He says the photo radar program would stop in a flash, if it started costing the city too much to collect.
If you don’t pay the mailed “notice of violation,” you won’t lose any point on your license, you’re driving record will not be effected and your car cannot be booted.
If you ignore the mailed notice and the city manages to track you down to “personally serve” your citation—you will be charged a fee of at least $25 for that “personal service as well as the cost of your ticket.
Other ways to get out of a photo radar ticket:

• If you are not the pictured driver, mail in a clear photo copy of your driver’s license and the city will dismiss your ticket.
• The city has to be able to identify the violator (driver) if the notice is sent to a leasing company (for a leased vehicle) or a corporation name (fleet vehicle) you are not obligated to pay.
• You are under no legal obligation to identify the driver.

[Huzer]

I've posted about this before. I've had 3 photo radar tickets, never paid them, never served. Verified with the city that they were dismissed since I was never served in person.

One annoying ticket to make sure and pay (or fight in person) are parking tickets. Unpaid, they will cancel your license. So don't get mad and throw the yellow envelop on the ground and think you're done with a parking ticket.

[christi]

Interesting read !

[I`m Batman]

Is this only true for the photo vans or does it apply to the cameras at some intersections too?

[MaNiaK]

And here’s something else you should know: photo radar enforcers can’t give you a ticket if you are going 25 miles per hour or more over the posted limit because driving that fast is a criminal offense and the ticket has to be issued by an actual police officer.

Love this part. Looks like I'll just stomp the accelerator next time I encounter one of these !

[alex_n/a]

omg this is great since I live right down the street from one of those new camera enforced lights! there is 12 new ones in Aurora from what I heard on the news, its crazy cause when the light turns yellow its either stomp on the break and hope the person behind you stops or keep going and deal with a ticket.

[Learjet45]

I don't know if this applies to these photo enforced intersections. In my experience, if you enter one on a yellow light, you will not get ticketed. Only if you trigger the sensor or whatever after the light is completely red (basically your bumper was behind the actual beginning of the intersection and you don't get into the intersection until it's red). My sister got a photo ticket for running a red light one night last winter. Roads were icy and she didn't want to try stopping too quickly, so she went through it (supposedly). It was no point on her license, just a $70 fine and that was it. At this point, I think until we find out more, don't count on the photo lights falling under this same category.


I actually read this this morning and ended up talking about it with one of my friend's parents (I ended up staying over at his house last night). His stepmom and I were on the same side: It's a small fine which goes away automatically after 90 days. If more people realized this, and they only way they could collect the money is by spending a large amount to just collect the fine and it ends up not being worth it for the city to serve the ticket personally, this program will stop fairly quickly. On the other hand, my friend's dad was on the side of well what happens if you get another ticket? I mean obviously most people aren't expecting tickets to begin with, so you really don't think you'll get a second one. On the off chance you do, you get served this one.


tl:dr version: Here's how I see it:
Don't assume photo intersections fall under this same "category" if you want to call it that. Don't be so quick to assume you can ignore those either.
There's always the off chance that you get another ticket within the 90 days. If you do end up getting served the photo speeding ticket at that time, well then pay it. Otherwise, don't. That's the way I see it. I'm not saying ignore speed limits and go as fast as you want, but honestly, I've seen more of these vans parked on sidewalks illegally in weird places than ever near a school zone. I saw 3 on University Blvd (well, 2 on University and 1 off 1st and University) one day.

[Dange]

another trick i learned from a family friend that is a police officer,
if you are married, register your car in your significant others name and their car in your name. to give the ticket the photo taken of you has to match the license that the car is registered to.

[Learjet45]

Also, there have been stories of people with debadged 6's having tickets dropped because the officer either wrote down the wrong model or just had incorrect information on the type of car (mainly parking tickets I believe) because the officer didn't know what kind it was while writing the ticket. Clean look FTW.

[Huzer]

No, it's the same deal with red light cameras. If you do not respond to the mailed ticket, you must be served in person. If not, dismissed.