Papers served to a 15 - Legal or not? Arizona

[Guest]

Which is exactly what she wants to do, but if they didn't follow the rules in serving the papers then this serve doesn't matter.

She got dinged, just pay it and move on with life.

[hillakilla]

sorry man, i think service was proper.

i think 4.1(d) is the only rule that applies. the summons was served upon an individual (your lady) by leaving copies at the dwelling house with her brother (who i would bet the court will say is of suitable age and discretion... as in, if you leave papers with a 15 year old and tell them to give them to the person they are addressed to, it is reasonable to think they will be able to do that)

4.1(e) refers to if the minor is actually being served... i.e. if the brother got the ticket, in order to properly serve him, the minor and a parent or guardian would have to receive copies.

[Guest]

If I was going to make a humorous reply in this thread, I'd mention something like, "I think you were looking for Law Cult, not Chop Cult" ... but I think you'd have better luck in finding an answer google searching key words like Arizona, Serving Minors upheld in court, etc. What do I know?

[Hooligan80]

Actually, it is illegal to serve anyone under the age of 16. My father in law does notarizing and legal document serving for a living. so I'll run it by him and find out for sure.

[TheLawWon]

Call a lawyer. It's what they do. It may cost you less than you think, too.

(I hate lawyers.)

[Guest]

Your likely not going to get off the hook because they served your papers to a 15 year old. That process server dont give a shit, he served the papers to a member of your household, period.
You should be able to go to court and ask for "time to pay", You may even be able to get in touch with a duty judge before your scheduled court date,they may or may not be able to give you time to pay, and ultimately it is up to the actual judge. Dont like tickets? neither do I, tho I recently got a 82 in a 35 ( I was passing another car) The cop was very nice to me and only wrote me a speeding ticket, he could have got me for wreckless driving, wreckless endangerment, passing in a no passing zone(I was when I began to pass, but was not by the time I got back over) , not to mention my underage cousin had an open container she didnt want to tell me about, until we got pulled over. I could have gone to jail, and had my truck impounded, all because I was trying to make the bank before closing. Thankfully it only cost me $220. Now I use my cruise control, have the fuzzbuster on all the time, and try not to make irrational driving decisions.

[Hooligan80]

Your likely not going to get off the hook because they served your papers to a 15 year old. That process server dont give a shit, he served the papers to a member of your household, period.
You should be able to go to court and ask for "time to pay", You may even be able to get in touch with a duty judge before your scheduled court date,they may or may not be able to give you time to pay, and ultimately it is up to the actual judge. Dont like tickets? neither do I, tho I recently got a 82 in a 35 ( I was passing another car) The cop was very nice to me and only wrote me a speeding ticket, he could have got me for wreckless driving, wreckless endangerment, passing in a no passing zone(I was when I began to pass, but was not by the time I got back over) , not to mention my underage cousin had an open container she didnt want to tell me about, until we got pulled over. I could have gone to jail, and had my truck impounded, all because I was trying to make the bank before closing. Thankfully it only cost me $220. Now I use my cruise control, have the fuzzbuster on all the time, and try not to make irrational driving decisions.

I don't know where you live, but out here doing 82 in a 35 is automatic jail time and impounding of your vehicle, not to mention if it was on my street, you'd probably get a bat through your windshield or tracked down and beaten, because that shit is just plain stupid.

[Guest]

I figured this forum would be a good place to ask. I guess not.

THIS IS NOT LEGAL ADVICE. I AM NOT CERTIFIED TO GIVE LEGAL ADVICE. THIS IS A FRIENDLY SUGGESTION. THE INTERNET IS THE WORST PLACE TO GET LEGAL ADVICE AND YOU SHOULD CONSULT SOMEONE CERTIFIED TO PRACTICE IN YOUR JURISDICTION.
Federal Rules of Civil Procedure 12 (b) 5 is what you're looking for, but winning the battle definitely won't win the war if you appreciate the difference between "dismissed with discretion" and "dismissed without discretion." A judge or magistrate would probably throw that motion out faster than you can image.
THIS IS NOT LEGAL ADVICE. I AM NOT CERTIFIED TO GIVE LEGAL ADVICE. THIS IS A FRIENDLY SUGGESTION. THE INTERNET IS THE WORST PLACE TO GET LEGAL ADVICE AND YOU SHOULD CONSULT SOMEONE CERTIFIED TO PRACTICE IN YOUR JURISDICTION.

[tattoo2303]

this is why i ride around with my plate in my pocket and signs of it obviously being broke off, i always say it just happened if they pull me over to hassel me about it

[SoCalEarz]

[QUOTE=Pendulum;300078]Yeah, like you said... It's worded all fucked up. "Suitable age" could mean anything. Like I quoted above, in the next section it says that any minor being served must be 16 so serving a 15 yr old on behalf of an adult shouldn't be allowed. I need to see what we need to do to tell the courts that this service is invalid.

Pendulum- I do wish you the best man. but, if what you posted orginally (the mans VC) is true... It looks like it was a legal service (but, im no lawyer- this is just experiance). I bolded the basic info below and the error above. Like you said- its worded as a loop hole... Sorry man. Go to the court and ask for a break. They are way too eager to lock people up for stupid shit. No sence in waisting your time or your girls with towing and a bench warrent.

The next section, titled "Service of Summons Upon Minors" specifically names age 16.
Quote:
Service of Summons Upon Minors. Service upon a minor under the age of sixteen years shall be effected by service in the manner set forth in paragraph (d) of this Rule 4.1 upon the minor and upon the minor's father, mother or guardian, within this state, or if none is found therein, then upon any person having the care and control of such minor, or with whom the minor resides.


Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.

Again man- best of luck. They want your money and need it... My recommendation is dont give them additional reasons to f-with you or tap your bank account.

Basically- It dosent say the person MUST be 16... It says a person UNDER the age of 16.

[ShovelEd]

As much as we all hate to get caught doing something wrong, especially being caught by a camera the fact here is she was speeding, she broke the law and now she has to pay. Get over it and pay the ticket and move on.

[Guest]

I don't know where you live, but out here doing 82 in a 35 is automatic jail time and impounding of your vehicle, not to mention if it was on my street, you'd probably get a bat through your windshield or tracked down and beaten, because that shit is just plain stupid.

Yes, automatic jail / Impound, just as if you are driving over 100MPH. Indeed I think he wanted to take me to jail, and by all rights he was supposed to. I think the only reason he didnt was because he was on his way home. It was however on a rural road, no residencies or businesses, just farm land. I don't normally drive that fast,(not even on the interstate) I rarely speed at all. Simply put, it was a bad decision to pass in the manner that I did. I did not dispute the charge, nor did I avoid the man, or drag it to court, he had me dead to rights, red handed. I paid my fine and moved on, but yes, I agree 47 Over is plain stupid,no matter the circumstances.

[SoCalEarz]

As much as we all hate to get caught doing something wrong, especially being caught by a camera the fact here is she was speeding, she broke the law and now she has to pay. Get over it and pay the ticket and move on.

Right on Ed- Well put. It sounds like you've been caught in action a few times. lol...

[ShovelEd]

Right on Ed- Well put. It sounds like you've been caught in action a few times. lol...

Shit man, years ago i was seeing how fast my honda crx would go. It was a saturday morning like 9am not a soul on the highway. Except a statie sitting at the split to another highway. I saw the radar in his left hand and his radio in his right. I was doing well over 100. I downshifted and thought about banging a right onto the other highway thinking i could make the first exit by the time he turned around. I said fuck it and pulled over in front of him before he even turned his lights on. He aproached my car gun drawn unsure of what i was doiing. I had my license and insurance card ready. Dude let me off with a $60 falure to signal during lane change. I paid it immediatly and sent him a christmas card. I saw him multiple times over the next few years. He would pull up flash his lights and wave. I thought i owned that stretch of route 8 in shelton ct for a couple years.

[SoCalEarz]

Shit man, years ago i was seeing how fast my honda crx would go. It was a saturday morning like 9am not a soul on the highway. Except a statie sitting at the split to another highway. I saw the radar in his left hand and his radio in his right. I was doing well over 100. I downshifted and thought about banging a right onto the other highway thinking i could make the first exit by the time he turned around. I said fuck it and pulled over in front of him before he even turned his lights on. He aproached my car gun drawn unsure of what i was doiing. I had my license and insurance card ready. Dude let me off with a $60 falure to signal during lane change. I paid it immediatly and sent him a christmas card. I saw him multiple times over the next few years. He would pull up flash his lights and wave. I thought i owned that stretch of route 8 in shelton ct for a couple years.

Ed, Your a smart man. But, I would have gone with option 2 and tested my luck. Its not illegal to run, unless his lights are on! But, we all know you did the right thing and I can only guess that you had that cop was shakin in his boots... Whos in there!? Did this really just happen??? WTF!!! lol... At least you caught a good one and he let you off without any shit.