06-21-2009, 11:38 AM
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 doneâ¦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.
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 doneâ¦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.