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I received a photo enforcement ticket in Aurora by mail for allegedly making a right on red without stopping. Do I have to pay?
Anonymous2 views4 answers
The alleged violation occurred Nov 11, 2011. I was never served in person. Today (April 25, 2012 - 5 months later) I received a letter in which the amount due has been raised from $75 to $140 and a threat that it is being forwarded to collections. I thought these are void after 90 days? Should I pay?
Under C.R.S. 42-4-110.5, unless the ticket is personally served within 90 days of the infraction, all charges must automatically be dropped. See statute:
“If the state, a county, a city and county, or a municipality detects any alleged violation of a municipal traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city and county, or municipality shall serve the penalty assessment notice or summons and complaint for the alleged violation on the defendant no later than ninety days after the alleged violation occurred. If a penalty assessment notice or summons and complaint for a violation detected using an automated vehicle identification system is personally served, the state, a county, a city and county, or a municipality may only charge the actual costs of service of process that shall be no more than the amount usually charged for civil service of process.”
Should you pay is the question: The simple answer is that just paying it is the easiest way to make this go away, however, legally you have grounds to fight the ticket and it should be dismissed. So how much is your time worth? That is what I always ask people when they call regarding these matters. Regardless of whether it was you, whether they mailed it to you and you received it is irrelevant. Personal service is required.
It is a personal decision at this point. How much time, money and effort are you willing to spend and are you willing to fight the issue based on principle?
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
Traffic tickets obtained by automatic photo equipment usually are issued to the legal owner of the vehicle to the last known address, thus they are not required to be served in person.
As a rule, if a fine is not remitted within a certain time it is increased or almost doubled as in your described case.
Such tickets stay on your driving records and may result in collection efforts or, in some states even to the suspension of driving privileges if not paid.
If still uncertain what to do, consult a traffic attorney in Aurora, Colorado.
They should have included a photo of the front plate and back plate of your vehicle and a photo of the driver. They give you a set period of time to contest that you were the driver. The one benefit to these tickets is that they do not end up with points being assessed against your license - it is prohibited by statute. I am not sure why you did not get the summons much earlier. You should have received it long before now. I would say that you have to determine what your time and effort are worth. If you pay the $140 now, you are done with it and no points against your license. If they send it to collections, they will add on attorney fees, interest, and costs as well.
The notice you received in the mail should have included a contact number. If not, there should have been a location mentioned. Check with that particular jurisdiction. Many times people can negotiate resolutions to such matters on their own and save a couple of bucks by showing up with a check book.
Best of luck to you.
