Fight Traffic Tickets: Camera Evidence In Illinois

Traffic cameras are an increasingly common feature in many states, including Illinois, where they are used to monitor and enforce traffic laws. While the cameras are intended to improve road safety, they have also generated some controversy, as they can lead to significant fines and penalties for drivers. In Illinois, traffic tickets can carry steep fines and result in points on your license, so it is important to know how to fight a traffic ticket on camera if you believe you have been unfairly cited.

The first step in fighting a traffic ticket on camera in Illinois is to examine the ticket and the associated paperwork carefully. This includes checking the date, time, and location of the alleged violation, as well as verifying that your personal information is correct. If you believe the ticket is fraudulent or inaccurate, you can contact the issuing agency (such as the local police department) to verify its authenticity.

If you decide to dispute the ticket, you have several options. You can plead guilty and pay the fine, but this may result in significant consequences. Alternatively, you can attend traffic school to potentially reduce the impact of the ticket on your driving record. If you believe the ticket was issued unfairly or inaccurately, you can contest it in court by requesting a hearing and presenting your case.

When contesting a traffic ticket in court, it is important to build a strong defence. This may include witness testimony, physical evidence (such as traffic camera footage), and expert testimony. An experienced traffic lawyer can help you navigate the legal process and improve your chances of a favourable outcome.

Check the ticket details and the photo

When you receive a traffic ticket, it is important to carefully check the ticket details and the accompanying photo(s). Here are some steps to guide you through the process:

Check the Ticket Details

First, verify the date, time, and location specified on the ticket. Traffic camera tickets are typically sent to the registered owner of the vehicle, so confirm that you were indeed driving the car at the stated date, time, and location. Note that the prosecutor must prove that you were driving at the specified location, date, and time. If someone else was borrowing your car, you cannot be prosecuted. However, some states, like New York, treat red-light camera tickets as parking violations, holding the registered owner liable. Therefore, it is crucial to understand the specific red-light law in the jurisdiction where you received the ticket.

Review the Accompanying Photo(s)

If your notification includes photos or videos, carefully review the visual evidence. Confirm that the vehicle in the photo(s) is indeed yours and that the photo(s) are clear and not blurry. Blurry photos, especially those where the license plate is not clearly visible, can be challenging to use as evidence. Additionally, if there is no clearly identifiable photo of you in the driver's seat, it may be difficult for the prosecution to prove that you were the one driving, depending on the jurisdiction's requirements.

Understand the Applicable Laws

Take note of the specific code section you are cited for violating and read up on the associated law. Understand the elements of the violation and the associated penalties. Ensure that the penalties mentioned on your ticket match those outlined in the code section. Remember, it is the prosecution's responsibility to prove each element of the violation, and you are not obligated to prove your innocence.

Request Additional Information

If your citation does not include photos or videos, you may need to wait until your trial is scheduled to request this visual evidence from the relevant law enforcement agency. Additionally, you can request the maintenance records for the camera, traffic light, or speed monitoring system to establish that they were properly maintained and calibrated. If the equipment was not recently tested and calibrated, the photo(s) may be deemed unreliable as evidence.

Plead not guilty

If you want to dispute a traffic camera ticket, you must plead not guilty. Here is a step-by-step guide on how to do this:

Step 1: Plead Not Guilty by Mail, Online, or in Court

You must plead not guilty if you want to dispute the ticket. In some jurisdictions, you can do this by mail or online. Check your citation and your local laws to see if this is an option for you. If not, you will have to appear in traffic court for your arraignment. Make sure to do this before the deadline, which is typically within 30 days of receiving the ticket.

Step 2: Request a Formal Hearing

When you plead not guilty, demand a full formal hearing or trial. This will also require you to attend other hearings such as pre-trial hearings or mediations. Attend these as required but do not accept anything less than a full dismissal of your ticket.

Step 3: Request Production of Documents

Call the local police department or the law enforcement agency responsible for the camera that issued your citation. Request copies of the photos if they were not included with your ticket. You should also request the full maintenance records for the camera and the traffic light or speed monitoring system. If this equipment was not regularly monitored and maintained, or if its accuracy was not recently tested, the photo may not be reliable evidence.

Step 4: Research Applicable Law

Look for cases in your city or county about traffic cameras and see if any appellate court decisions have ruled on their legality. Aside from the camera itself, there may be other defences that are recognised by law. For example, some states have specific rules about where warning signs must be posted for cameras. If the warning signs were obscured or not present, you would have a defence. Some states also recognise a necessity defence for speeding.

Request a formal hearing

If you want to dispute a traffic camera ticket, you must plead not guilty and request a formal hearing. Here is a step-by-step guide on how to do this in Illinois:

• Examine Your Ticket: Check the date, time, and location of the ticket. Camera tickets are usually sent to the owner of the car, so make sure you were the one driving when the ticket was issued. Also, make note of the code section you're cited for violating and review the associated law and penalties.
• Plead Not Guilty: You can often plead by mail, online, or in person. Respond before the deadline, which is typically around 30 days. Do not pay the fine listed on the ticket, as this may be considered an admission of guilt.
• Request a Formal Hearing: When you plead not guilty, demand a full formal hearing or trial. This may also be called a pre-trial hearing or mediation. Attend any required hearings and do not accept anything less than a full dismissal of your ticket.
• Request Production of Documents: Contact the local police department or law enforcement agency responsible for the camera. Request copies of any photos, videos, or other evidence related to your citation. Also, ask for maintenance records for the camera, traffic light, or speed monitoring system to ensure they were properly calibrated and maintained.
• Research Applicable Law: Look for cases in your city or county regarding traffic cameras and their legality. Also, research any recognized defenses, such as the necessity defense for speeding or the requirement for clearly visible warning signs.
• Attend Your Hearing: Arrive at the courthouse on the day of your hearing with copies of any evidence you plan to use in your defense. Treat everyone with respect and listen quietly while the prosecutor presents their case.
• Present Your Defense: Challenge the admissibility of the photographs as hearsay, assert your right to confront witnesses, and dispute the authenticity of the evidence. If the photos are admitted, attack the lack of evidence proving you were driving or that the traffic light was functioning properly. Raise any other relevant defenses you have identified.

Research the law and build a defence

If you want to fight a traffic ticket in Illinois, you'll need to research the law and build a defence. Here are some steps to help you get started:

Understand the Violation

Firstly, you need to understand the specific violation you've been cited for. Make sure you know the exact code section you're accused of violating, and read up on the law to understand its elements and associated penalties. This will help you identify any discrepancies or defences you can use in your case.

Review the Evidence

Next, review the evidence against you, such as photographs or video footage. This evidence can be requested from the local police department or law enforcement agency responsible for the camera. Check that the images or footage clearly show your vehicle, licence plate, and the violation itself. If the evidence is blurry or unclear, this may be a valid defence. Additionally, if there is no identifiable photo of the driver, this may also be a valid defence, especially if the ticket is issued to the driver and not the registered owner of the vehicle.

Research Applicable Laws and Defences

Research the applicable laws and defences related to traffic camera tickets in your city or county. For example, some states have specific rules about the placement of warning signs for traffic cameras, while others recognise a necessity defence for speeding. Understanding these laws and defences will help you build a strong case.

Identify Inconsistencies

Review the evidence and the applicable laws to identify any inconsistencies or discrepancies. For example, if the prosecution cannot prove that the traffic light or speed detection system was functioning properly, this could weaken their case. Additionally, if there is no witness from the company that maintains the camera to testify about its accuracy, you may be able to object to the use of the photographs as evidence.

Develop Your Defence Strategy

Based on your research and the evidence available, develop a defence strategy. This may include challenging the admissibility of evidence, asserting your right to confront witnesses, or raising other valid defences provided by the law. Remember, it is the prosecution's burden to prove each element of your violation, not your responsibility to prove your innocence.

Present Your Case

Finally, when you appear at your scheduled hearing, present your case to the judge calmly and respectfully. Provide any evidence or documentation that supports your defence, and clearly articulate your arguments against the traffic ticket. Remember to treat courthouse staff with professionalism and respect throughout the process.

Present your case in court

Prepare for your hearing

Gather any evidence, witnesses, and relevant documents to support your case. Evidence can include witness testimony, photographic evidence, and expert testimony. Eyewitness accounts can be strong evidence, especially if they can attest to mitigating circumstances. If you can, it's highly advisable to seek legal counsel. An attorney who understands traffic laws, courtroom procedures, and the legal system can help you secure a better outcome.

Arrive at court

Be sure to arrive at court on time. Your case won't be the only one the judge hears that day, so be prepared to spend a whole day at the courthouse.

Present your case

When the judge calls your name, identify yourself, and present your case. Begin by providing a detailed account of the event from your perspective, including the exact time, day, intersection, and weather conditions. Point out any discrepancies between your account and the prosecutor's. Reiterate why you believe your case should be dismissed. For example, was the timing of the light too short? Was it unsafe to stop? Present any evidence that supports your claim or directly challenges the prosecutor's case.

Frequently asked questions