People are STILL appealing their cases and winning!    Read the cases and believe! -- We've thrown in a few cases that illustrate what arguments NOT to expect to use and win! AND NOW, you can be notified by email when a new case is posted!

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Download these WINNING cases!
There is nothing like being prepared when you go to court!  Read winning cases where the Superior Court has told a city court that it was CLEARLY WRONG!  From faulty tickets to faulty service, you'll find examples here.

CLICK ON THE PDF ICON or THE WORD NEW NEXT TO THE CASE YOU WANT TO READ.
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Appeal from Scottsdale City Court
-Decided April, 2007-
YET AGAIN the Superior Court has to remind Scottsdale that a ticket sent in the mail has NOT been legally served, not even if you call the court about it. Lower court REVERSED on appeal.

Fine reversed/Cost of service of process reversed
Defendant was represented by attorney Brett Rigg.




 
Appeal from Scottsdale City Court
-Decided June, 2006-
Computer-generated ticket not enough to grant jurisdiction without proof of identification of driver. Redflex didn't review the ticket before the computer signed it so it is illegal. Lower court REVERSED on appeal.

Fine reversed/Cost of service of process reversed
Defendant handled the appeal without an attorney.




 
Appeal from Scottsdale City Court
-Decided June, 2007-
CRUISE CONTROL not enough to win a case, necessarily, if the trial judge doesn't believe you! Read this case for the details! Lower court AFFIRMED on appeal.





 
Appeal from Phoenix City Court
-Decided May, 2006-
Computer-generated ticket not enough to grant jurisdiction without proof of identification of driver. Without identifying testimony or presence of defendant, there was not sufficient evidence for judgment. (This is different from challenging jurisdiction. This case challenged the sufficiency of the evidence) Lower court REVERSED on appeal.

Fine reversed/Cost of service of process reversed
Attorney for Defendant on Appeal: David Burnell Smith






 
Appeal from Scottsdale Court
-Decided May, 2006-
Court abused its discretion in failing to set aside default when defendant tried to resolve the matter and was not the driver. The Scottsdale court's decision was "unsupported by facts or any sound legal policy." Court should have set aside judgment when asked.  Lower court REVERSED on appeal.

Fine reversed/Cost of service of process reversed







 
Appeal from Scottsdale Court
-Decided April, 2006-
Court was manifestly unjust to refuse to set aside default when defendant not the driver and when service of process was not made properly, but was made upon his father. On appeal, the prosecutor admitted/conceded that the defendant was not the driver. Lower court REVERSED on appeal.

Fine reversed/Cost of service of process reversed







 
Appeal from Scottsdale Court
-Decided March, 2006-
The ticketed person was wrongly defaulted.  The court should have accepted her information that she was not the driver.  The court was wrong to refuse to set aside default. After the appeal, Scottsdale dismissed the case.

Fine reversed: $228.00
Cost of service of process reversed: $26.00








 
Appeal from Scottsdale Court
-Decided March, 2006-
Court was wrong to default defendant.  Service of process was faulty.  Process server failed to give summons to defendant.  Court was wrong to send collection letter.  Court should have set aside judgment when asked.  After appeal, Scottsdale dismissed the case.

Fine reversed:  $228.00
Cost of service of process reversed: $26.00







 
Appeal from Scottsdale Court
-Decided March, 2006-
Service of process invalid: leaving papers at door improper.  Description of person served as "white female" is also insufficient service.  Process server must give reasons to believe person is in the home. Default improper. Appeal court voided judgment and ordered Scottsdale Court to dismiss the case.

Fine reversed: $Amount unknown
Cost of service of process reversed: $26.00
Attorney for Defendant on Appeal: John P. Ager






 
Appeal from Scottsdale Court
-Decided February 2006-
Manifest injustice resulting from Scottsdale Court's failure to set aside default.  Defendant had moved and process server gave papers to her 17-year-old sister.  MALE driver showed in photo radar picture. Attorney for State filed brief admitting defendant was NOT the driver.  Certification of ticket could not have been valid. Appeal court ordered Scottsdale to dismiss the ticket.

Fine reversed: $296.00
Cost of service of process reversed: $17.00






 
Appeal from Scottsdale Court
-Decided February 2006-
Defendant was out of the country on the day the process server swore he served him.  Court was wrong in not setting aside default. Appeal court ordered default judgment set aside.

Fine reversed: $256.00
Cost of service of process reversed: $18.00


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