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Full Version: Illinois to start using Photo Radar in July
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This was sent to me today in an email:

Illinois will begin using photo radar in freeway work zones in July. One mile per hour over the speed limit and the machine will get you a nice $375.00 ticket in the mail. Beginning July 1st, the State of Illinois will begin using the speed cameras in areas designated as "Work Zones" on major freeways. Anyone caught by these devices will be mailed a $375.00 ticket for the FIRST offense. The SECOND offense will cost $1000.00 and comes with a 90-Day suspension. Drivers will also receive demerit points against their license, which allow insurance companies to raise Insurance rates.

This is the harshest penalty structure ever set for a governmental unit involving PHOTO speed enforcement. The State already has two camera vans on line issuing tickets 24/7 in work zones with speed limits lowered to 45 MPH. Photos of both the Driver's face and License plate are taken. Pass this on to everyone you know who might be affected!!!

Here is my opinion on the issue.
First of all I agree that people should not drive recklessly through work zones because there are people present that could get hurt.
I just read the statute that grants the authority to do this. One important provision of the statute to keep in mind is that there MUST be workers present in any prosecution under the statute and the State MUST prove that at least one worker was present at the time the violation was issued and the worker(s) had to be in the construction zone at the time. Also, it may sound ridiculous but an effective way to not ever be convicted of a violation under this statute would be to wear a mask that hides your facial identity whenever you drive through construction zones. The burden is on the prosecution to prove that the driver of the vehicle at the time the violation occured is the same person being prosecuted. They use facial identity to do that. A mask prevents that from happening. It is not illegal to wear a mask while driving your car. The statute clearly states under 625 ILCS 7/25(e): If the driver of the vehicle cannot be identified through the photograph, the owner is not liable for the fine, and the citation may not be counted against the driving record of the owner. If the driver can be identified, the driver is liable for the fine, and the violation is counted against his or her driving record.

Now here is the really really bad part of this law. Because the State cannot tell from a facial photograph whether the person who was driving is the same person who is the registered owner they just send the violation notice to the registered owner. People drive vehicles that are registered in other peoples names all the time. It is quite common and you can bet that a good quantity of these violations that are issued will be of this sort. So, person A is driving the vehicle and a violation is issued to person B. This is BAD and goes against our US Constitutional rights to Due Process under the 5th and 14th amendments. They are basically holding one person accountable for the actions of another. Yes, if the facial identity of the persons does not match in court the owner is not held liable but he still is being forced to go to court based on the actions of some other person. This is bad. The reason the State thinks they can do this is because it would be too much work for them or maybe not even possible for the prosecutor to specifically ascertain the identity of the driver of the vehicle as shown in the photograph. I hope they do not expect the registered owner of the vehicle to snitch on the driver as the statute provides for rental vehicles. Yes, under the statute a vehicle renting or leasing company must report the person who rented the vehicle. And again this person may not even have been the driver during the violation.

The State is basically trying to hold a person accountable for a crime when there is a good possibility that the person they are holding accountable did not commit the crime. This is stuff our forefathers tried to prevent from ever happening. But nothing will be done…nothing will be said… for we have become a nation of sheep.
I myself refuse to become a sheep. I figure it's my duty to honor those who died and got maimed fighting to protect our Constitution.
This same thing was posted in 2005, and it hasn't happened yet:

<!-- m --><a class="postlink" href="http://www.thenewspaper.com/news/02/293.asp">http://www.thenewspaper.com/news/02/293.asp</a><!-- m -->
Aren't these cameras already in use in work zones?
verenablock Wrote:This same thing was posted in 2005, and it hasn't happened yet:

<!-- m --><a class="postlink" href="http://www.thenewspaper.com/news/02/293.asp">http://www.thenewspaper.com/news/02/293.asp</a><!-- m -->

<!-- m --><a class="postlink" href="http://www.isp.state.il.us/media/pressdetails.cfm?ID=429">http://www.isp.state.il.us/media/pressd ... cfm?ID=429</a><!-- m -->
<!-- m --><a class="postlink" href="http://www.modot.org/tsc/documents/WorkZone.pdf">http://www.modot.org/tsc/documents/WorkZone.pdf</a><!-- m -->

The really weird thing about this process is that the State is issuing a violation to an offender when they don't know the identity of the violator. That has got to be some type of Constitutional right to due process violation.
kellyann1293 Wrote:Aren't these cameras already in use in work zones?

If they were, I would be drowning in tickets, and so would the people who keep trying to drive over me. Seriously, I drive to the airport twice a week through the work zones. No cameras, no police.
Yes, but the vans are mobile. I used to drive on the tollway every day when I was working; I never saw one of the vans, but they had the photo enforcement warning signs up.
This was taken from a press release issued 3/30/2005 and has since been removed from IDOT web page so it is not new. IDOT requires the vans to have signs posted. See below taken from IDOT web Page

Illinois Department of Transportation – FAQ – Photo Enforcement

1. Why use photo speed enforcement?

Photo Speed Enforcement will be used to increase safety on Illinois highways and to
obtain voluntary compliance by motorists to obey posted speed limits. Motorists
represent 85% of the fatalities in work zones. Between 6,000 and 7,000 crashes occur
in work zones. Slower speeds will allow motorists more time to react to changed
conditions.


2. When would photo speed enforcement be in use?

Photo speed enforcement by an automated traffic control system may operate only
during those periods when workers are present in the construction or maintenance zone,
day or night.


3. When workers are behind Temporary Concrete Barrier (TCB) can photo speed
enforcement be used?

Photo enforcement legislation requires workers to be present. While Temporary
Concrete Barriers provide positive protection for workers, they are not impenetrable.
Vehicles have hit and broken through TCB, causing injury to workers. Also, lane width
restrictions may require reduced speed limits to ensure the safety of the motorists. For
these reasons, photo enforcement may be used when workers are present.


4. Will a special sign have to be in place for photo speed enforcement to be used?

Yes. Initially, photo speed enforcement will be limited to interstates and expressways.
Signs indicating that speeds are photo enforced by automated traffic control systems will
be clearly posted in the area where the systems may be in use. In addition, the vans will
have a speed indicator device that will be triggered by separate radar and will
communicate the vehicle’s speed to the motorist. This will give the motorist one last
opportunity to slow down before the camera radar is triggered.


5. Do I have an opportunity to slow down before the camera takes my picture?

Yes. If the motorist does not slow down, the camera radar will be triggered. A photo of
the driver, vehicle, and license plate will be taken. The time of day and speed will also
be captured.


6. What if the equipment is not working correctly?

Illinois State Police will man these vans with troopers specially trained in photo radar
enforcement. They will calibrate the equipment prior to each enforcement detail to make
sure everything is working correctly.


7. Do I have to appear in court for a violation received with photo speed enforcement?

Yes.


8. What is the ticketing process?

A ticket will be processed by the vendor and will be approved by the on-duty officer.
Tickets will be mailed by certified mail to the registered owner within 14 days. The
violator will receive the ticket and will be required to appear in court.


9. What are the photo speed enforcement fines?

Work zone fines will apply.
The statute authorizing this was enacted on 8‑19‑04 but when it was enacted or when a press release was sent out or when the rumors of enforcement started is mostly irrelevant to my initial post and NOT THE POINT!
Danno Wrote:The statute authorizing this was enacted on 8‑19‑04 but when it was enacted or when a press release was sent out or when the rumors of enforcement started is mostly irrelevant to my initial post and NOT THE POINT!


I don't think it's irrelevant at all - people need to realize this is already happening. :!: The voters in Illinois have been asleep at the wheel, and we're reaping what we've sown. :evil:
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