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YOUR RESEARCHIllinois Warning
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Run with no front plate
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The law has been tested with respect to the photo enforcement program...and upheld regardless of whether or not it's a cop or a contractor handling the mail-outs.
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Suggestion · Original poster
Illinois will begin using photo radar in freeway work zones in July.
Use speed cameras in areas designated as "work zones"
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Suggestion · Original poster
Beginning in July the State of Illinois will use speed cameras in areas designated as "Work Zones" on major freeways.
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The law has been tested with respect to the photo enforcement program...and upheld regardless of whether or not it's a cop or a contractor handling the mail-outs.
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FYI
Illinois will begin using photo radar in freeway work zones in July. Second offense tickets are $1,000 with license suspension. Beginning in July the State of Illinois will use speed cameras in areas designated as "Work Zones" on major freeways. Anyone caught by these devices will be mailed a $375. ticket for the FIRST offense, but he SECOND offense will cost $1000.00 and comes with a 90-Day suspension. Drivers will also r eceive demerit points against their license, which allows insurance companies to raise their rates. This represents the harshest penalty structure yet for a city or state usine PHOTO enforcements. The State will begin with TWO camera vans issuing tickets in work zones with speed limits lowered to 45 MPH. Photographs of both the Driver's face and License plate are taken.
for more info:
http://www.dot.state.il.us/press/r033005.html
Unless the Illinois legislature has passed a law that says that someone other than a law enforcement officer can cite a person for speeding, then the photo tickets do not stand up in court. In every state that has had a photo speed limit enforcement program, it has been ruled unlawful simply because a living breathing cop has to cite you, not a machine or a county or state employee.
California is the latest state to get this sort of stuff ruled lawful. Arizona program fell last year.
Funny thing, guess who is the biggest opponent of photo radar and the legislation needed to make it legal? The police union. Their logic is that if enforcement is such a big deal, then hire more cops.
How ironic, Photo speed limit compliance programs to stop illegal sppeding are themselves illegal.
Yea. There was a big article in the papers when they started it and the local news stations showed the vans. Problem is, is that you can get your 2nd, 3rd, etc ticket without even knowing it since they simply mail them to you.
Remember in the US (including Illinois) there is the concept of due process, and innocence until proven guilty. Further just like you can't charge someone with a crime, the knucklehead sitting in the van can't bring charges against you unless they are a law enforcement officer.
This is just another revenue scheme that is waiting to be shot down.
There are many examples of not having the luxury of due process. In many states, a simple refusal to take a breath test is an automatic suspension of license. Remember, a license has been classified as a privilage, at not a right, by the Supreme Court. Only "rights" are protected by due process.
You miss the point, to charge someone with a crime one has to be authorized to do so.
The only people that can do that are Law enforcement officials, and not a contractor sitting in a van or an automated collection device.
An analogy is a parking meter. The parking meter can't give you a ticket, but the meter maid, who is a law enforcement individual makes the determination that the meter is expired, a law has been broken, and issues the warrant (ticket).
With the photo radar schemes used today, they are managed by private contractors who issue the warrants (tickets) that are mailed to your house. They are not law enforcement officials and cannot legally determine if a law has been broken and issue warrants. In order to be legal, legislation has to be passed at the state level allowing these contractors enforcement status. The problem is legislation doing this has been repeatedly been stalled in committee because of strong lobbying from the Police unions. The Unions position is that if more enforcement is needed, then the state should hire more officers and not contractors or machines.
Now to your point about due process, don't confuse having a license revoked with due process. That is perfectly legal to suspend a privilege until due process concludes and determines innocence or guilt.
Well, to test your theory, stop by Illinois and drive through a construction zone doing 100 mph. Let us know if the courts support the charges.
Illinois will also impound your car so buy a plane ticket home.
What is the situation in Arizona. I know they use both vans and fixed cameras. I know they issue many tickets. Do the citations stick or can people get out of them because there is no officer?
I think OrientExpress has a valid point. I've been nailed by a red light camera in Delaware, and while I paid the $85 fine, they clearly stated it could not go onto my driving record (no points, no insurance rate increase) because the citation was not issued by a law enforcement officer.
They may get the fines to stand up, but revoking your license or doubling your insurance... I think you could successfully challenge that.
Orient writes: "The only people that can do that are Law enforcement officials, and not a contractor sitting in a van or an automated collection device."
Every heard of a citizens arrest? Last time I looked....a citizen has the statutory right to arrest a person....that's why they have you (citizen) sign a complaint. That equates to a non-law enforcement person actually charging you with a crime.....
Of course the Police Unions are going to oppose any legislation that would empower non-law enforcment folks to perform certain functions that would eventually result in the loss of police jobs. But the traffic light photo enforcement program (essentially run by contractors) has been upheld as legal in California...and citations are infractions, not actually "crimes". They only become crimes when you fail to appear (FTA) and a judge issues a warrant for your arrest....or in other instances where you refuse to sign the citation...then the cop has the statutory authority to haul your *** in and it officially becomes a misdemeanor rather than an infraction at that point.
The law has been tested with respect to the photo enforcement program...and upheld regardless of whether or not it's a cop or a contractor handling the mail-outs. When the photo enforcement first went in lots of folks bucked the system, and they ended up paying just the same. By the time you hired an attorney, took time off from work to go to court, pay for parking at the courthouse, it would have been cheaper to just pay the frappin' fine.
Photo radar in Arizona was ruled illegal.
Arizona State Appeals Court Photo Radar Decision
Full text of the 1992 Arizona State Appeals Decision forbidding the mailing of speed camera tickets.
As you know, California's photo radar has ben ruled illegal as well.
Here is the information on San Jose's (California's) illegal Photo Radar program
This is a source reference. Confirm exact model applicability in the original material.
