Red Light Cameras Unconstitutional
Once again, a State Supreme Court has found red light cameras to be in conflict with existing law and therefore, illegal. Unfortunately, the state is Minnesota. But it follows on the heels of another couple of state court rulings concerning the legality of the laws, including New Jersey and Virginia.
Anyone in Illinois want to step up and take the mayor's red light cameras to court?
Anyone in Illinois want to step up and take the mayor's red light cameras to court?
Labels: we got nothing
posted by SCC at 12:03 AM
38 Comments:
I hope so, then I could get my $90.00 back.
How much was bilked out the tax payers already for this illegal huberman/daley fiasco? again wonder boy and his leader daley screwed the people!
The main argument is they have put a "criminal" charge into a civil proceeding. The best is both the ILCS and MCC regarding the red light cameras make no provision for a radar system. When I saw the generated ticket and it showed the speed of the vehicle, that should be grounds to declare the law and ordinance unconstitutional.
Here's a link, the top is fluff, check out the projected revenue the city believes it will make.
http://www.cbsnews.com/stories/2007/01/22/earlyshow/main2381713.shtml
You run the light, you get a ticket. Whats the problem. Only speeder cops cry about this. Bubble gum badge can't fight this ticket. chuckle. chuckle.
Wouldn't it be great if the city had to reimburse everyone that has gotten a ticket from one of those red light cameras....LMAO!
amen, brother, AMEN....how in the world does the government get off, fining the registered owner of a vehicle, that is alleged to have violated a traffic statute (red light, speed limit), when the government has no solid evidence that the operator of the vehicle is in fact the owner of that vehicle...that concept is ludicrous, in addition to being, in my view, unconstitutional on its face; and what's next?...a guest at my house party takes a knife from a kitchen drawer, cuts another house guest....I'm liable, and "fined", because it was my knife?...where does it end for the liberals?
Take away the Red light Cameras?thats silly,silly,very silly stuff!!
Another law that was found unconstitutional was the Residential Zone Parking.
That was in NYC a few years ago.
Speaking about Red Lights, I had to share this one...
Traffic Cop VS VIOLATOR !!!
An officer stops a man for running a red light. The guy is a real jerk and comes running back to the motor officer. The violator demands to know why he is being harassed by the Gestapo! So the officer calmly tells him of the red light violation.
The "Motorist" instantly goes on a tirade, questioning the officer's ancestry, sexual orientation, etc., in rather explicit terms. The officer, being a professional, takes it all in stride.
The tirade goes on without the cop saying anything. When he gets done with writing the citation he puts an "AH" in the lower right corner of the narrative portion of the citation. He then hands it to the "Violator" for his signature.
The guy signs the cite angrily, tearing the paper, and when presented his copy points to the "AH" and demands to know what it stands for. The officer then removes his mirror sunglasses, gets in the middle of the guys face and says, "That's so when we go to court, I'll remember you're an Asshole!"
Three months later they are in court. The "Violator" has such a bad record he is about to lose his license and has hired an attorney to represent him.
On the stand the officer testifies to seeing the man run the red light.
Under cross examination the defense attorney asks; "Officer is this a reasonable facsimile of the citation you issued my client?"
The Officer responds, "Yes sir, this is the defendant's copy, his signature and mine, same number at the top."
Attorney: "Officer, is there any particular marking or notation on this citation you don't normally make?"
Officer: "Yes sir, in the lower right corner of the narrative there is an
"AH , underlined."
Attorney: What does the AH stand for, officer?
Officer: "Aggressive and Hostile Sir"
Attorney: Aggressive and hostile"
Officer: "Yes Sir?
Attorney: "Officer....... Are you sure it doesn't stand for Asshole?"
Officer: "Well Sir, You obviously know your client better than I do !"
As a police officer I appreciate the red light cameras. They definitely make people more aware of the intersections they're at. If every major intersection had one it would save lives and prevent inuries,possibly to a loved one.
it was in the paper about 6 mo ago someone is taking the city to court on the cameras
there's none in my dist......so i dont care about 'em.
what do cops in 016 have in common with the red light cammeras???? they both give you tickets if your a cop and you run a red light....hahahaha
I got hit twice in the last two years. One was turning right at a red light when no sign is posted on kedzie and fullerton. Sign me up for the class action suit. I think I was traumatized by the flashing light. The light reflected off the rear view mirror and hit me dead in my pupils and temporarily caused blindness.
Illinois(I can't believe this) does not allow photo radar.This should help set a preceedent against the photo red light cameras.The automated camera systems do have flaws and errors are made.
(625 ILCS 5/11‑612)
Sec. 11‑612. Certain systems to record vehicle speeds prohibited. Except as authorized in the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act, no photographic, video, or other imaging system may be used in this State to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event. No State or local governmental entity, including a home rule county or municipality, may use such a system in a way that is prohibited by this Section. The regulation of the use of such systems is an exclusive power and function of the State. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 94‑771, eff. 1‑1‑07; 94‑795, eff. 5‑22‑06; 94‑814, eff. 1‑1‑07.)
Those laws will never apply in Daleys fifedom!
No one in this city takes any actions against it. Look at Residential Parking Permits. If there was anything that is unconstitutional it is those. We pay a Wheel Tax and the receipt for that tax is the City Sticker. Then we have to pay for a permit to park on a PUBLIC STREET!
Screw them. We should sue for everything. Maybe the courts can determine if a stuttering Mayor is unconstitutional.
Much like JCDecaux's bus shelters & GSSP's service...who ever operates the cameras is kicking back a lot of bucks!
The punk rocker in me wants to spray paint over those cameras. Funny enough, the cop in me wants to do the same.
The cameras do not equal safer streets it's simply more money for Daley & his clan.
I'll step up to it. Damn that red light!
11:20 hey why dont you come and blow this 16th dist copper..i will give you my name and watch and i bet you dont,,you pussy 3yr wonder..we in 16 should keep a list of all the cops and fireman we stop and give breaks to...and then list the names on this site and it will be thousand times more than the one or two cops that could'nt be help because of there stupid drinking and driving accident..so blow me...
In order to avoid having the department come after you for red light tickets, or parking tickets, you should not register your vehicles to your home address or your station address with your full name and driver's license number.
It is much better, and perfectly legal to register your vehicles to a post office box. Just use your first initial and last name, and avoid putting your own driver's license on the registration. How many illegial aliens have you stopped (or used to), have no D/L number. This also helps protect you and your family from anyone you might lock-up and sees you in your car.
Now I am not telling you not to pay your parking tickets or whatever. You should take care of all your real obligations. After all Richie needs to pay the hired trucks and buy the flower pots. What I don't like is that they treat you any differently than any other citizen.
Many years ago, we had to fill out cards every year listing our vehicles and the city sticker.
(625 ILCS 5/11‑612)
Sec. 11‑612. Certain systems to record vehicle speeds prohibited. Except as authorized in the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act, no photographic, video, or other imaging system may be used in this State to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event. No State or local governmental entity, including a home rule county or municipality, may use such a system in a way that is prohibited by this Section. The regulation of the use of such systems is an exclusive power and function of the State. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 94‑771, eff. 1‑1‑07; 94‑795, eff. 5‑22‑06; 94‑814, eff. 1‑1‑07.)
09:11:00 PM
Nice grammar/spelling. You have something to be proud of. I hope you don't write your reports the same way.
It would be better if you stop posting on this site. If you really are the police, you are an embarassment.
You need to buy "photoblocker" plate covers as they look great dead on but at an angle they blur the camera it is only fair game for daleys big brother challenge! Even better lets put a camera and mic in the mayors office because he is interested in the tax payers getting their moneies worth! We could watch all the dirty deals done and listen to the "I don't know nothin" mayor!
Oh no! Not the cash cow that was gonna pay for the olympics.......Dooooooooo
Yo ucan not register a vehicle at a PO Box
Anonymous said...
You need to buy "photoblocker" plate covers as they look great dead on but at an angle they blur the camera it is only fair game for daleys big brother challenge! Even better lets put a camera and mic in the mayors office because he is interested in the tax payers getting their moneies worth! We could watch all the dirty deals done and listen to the "I don't know nothin" mayor!
4/09/2007 07:52:00 AM
(625 ILCS 5/12‑610.5)
Sec. 12‑610.5. Registration plate covers.
(a) In this Section, "registration plate cover" means any tinted, colored, painted, marked, clear, or illuminated object that is designed to:
(1) cover any of the characters of a motor vehicle's
registration plate; or
(2) distort a recorded image of any of the characters
of a motor vehicle's registration plate recorded by an automated red light enforcement system as defined in Section 1‑105.5 of this Code or recorded by an automated traffic control system as defined in Section 15 of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act.
(b) It shall be unlawful to operate any motor vehicle that is equipped with registration plate covers.
(c) A person may not sell or offer for sale a registration plate cover.
(d) A person may not advertise for the purpose of promoting the sale of registration plate covers.
(e) A violation of this Section or a similar provision of a local ordinance shall be an offense against laws and ordinances regulating the movement of traffic.
(Source: P.A. 94‑304, eff. 1‑1‑06.)
The the grammer police who complains about another guys posting....There are two rs in embarrassment.
Yes cameras everywhere! let's do it! They are in squads with the mics! Like the last poster Daleys office,hubbermans office, al 50 alderthieves offices it would make for great fun! Then we could link so everyone all over the world could link via the net and watch our honest leaders in action! Most excellent I Like!
To: 0139,
Please enlighten me about this residential parking ordinance that was declared unconstitutional....I am living on a block where the parking ordinace was voted into place. This is a huge financial burden on my family because we already have to purchase city vehicle stickers to register our cars in the city....our insurance rates are higher because we live in the city, and now, we have to purchase these residential stickers for each vehicle. I am not complaining, just curious. I thought the city sticker allowed us to park in front of our homes but I have received 2 tickets already on my kids cars. This seems like a double fee...city sticker and residential sticker? Well, there is a traffic officer living on my block and she runs a tight ship...calls the police anytime a "suspect" vehicle is parked on the block..so, I guess it is constitutional here in Chicago, the police write the tickets. thanks for any answers to this question, and God Bless the Police. You guys and gals DO a wonderful job and my thoughts and prayers go out to you in all that you do and sacrifice.
4/08/2007 09:11:00 PM, relax CB. Do some real work.
Yo ucan not register a vehicle at a PO Box
4/09/2007 08:39:00 AM
Wanna bet?
9:51 AM
You misspelled "grammAr", slick.
I say that the cameras, residential parking permits, and parking meters should be unconstitutional. We pay to park on public streets and then we get tickets for driving on them.
Screw them. I am not paying another one of these tickets for the rest of my life. Found the loophole.
To: Yo ucan not register a vehicle at a PO Box
4/09/2007 08:39:00 AM
Oh, yes you can! It is perfectly legal. However, you cannot register a drvier's license to a post office box in an URBAN area, you can in a RURAL area. To many people a P.O. Box is their only mailing address.
Many corporations, rental car companies, and celebrities register their cars in Illinois to P.O. Boxes. This is better than registering you vehicles to your station. If you get job related mail at the P.O. Box, it is a tax deduction.
It is also a safety measure for your family. If you lock-up an asshole, and he sees you get into your car it is possible to get the registration and your home address. I have done this for years, it may have prevented some of the MLDs or GDs I have locked up from knowing where I live.
Also be very careful if anyone asks you to run a plate for them.
Another security measure, insted of paying a $1.50 a month for a non-published phone number, get you number in a "alias". It could be a spouses maiden or something totally made up. It is possible to get information a non-published on the internet. If you ask the phone company for my number, guess what, to them I do not exist. Their bill is paid, in checks in my name, they do not care. If I get mail, or a phone call asking for Mr. or Ms. ???, I know it from my phone listing.
Maybe,SCC should run a thread of personal/home/off-duty security. Watch for one that will be sent later on that Verizon cell phone donation program.
4/09/2007 10:41:00 PM
is correct.
(625 ILCS 5/3‑405) (from Ch. 95 1/2, par. 3‑405)
Sec. 3‑405. Application for registration.
(a) Every owner of a vehicle subject to registration under this Code shall make application to the Secretary of State for the registration of such vehicle upon the appropriate form or forms furnished by the Secretary. Every such application shall bear the signature of the owner written with pen and ink and contain:
1. The name, bona fide residence (except as
otherwise provided in this paragraph 1) and mail address of the owner or business address of the owner if a firm, association or corporation. If the mailing address is a post office box number, the address listed on the driver license record may be used to verify residence. A police officer, a deputy sheriff, an elected sheriff, a law enforcement officer for the Department of State Police, or a fire investigator may elect to furnish the address of the headquarters of the governmental entity or police district where he or she works instead of his or her residence address, in which case that address shall be deemed to be his or her residence address for all purposes under this Chapter 3. The spouse and children of a person who may elect under this paragraph 1 to furnish the address of the headquarters of the government entity or police district where the person works instead of the person's residence address may, if they reside with that person, also elect to furnish the address of the headquarters of the government entity or police district where the person works as their residence address, in which case that address shall be deemed to be their residence address for all purposes under this Chapter 3. In this paragraph 1: (A) "police officer" has the meaning ascribed to "policeman" in Section 10‑3‑1 of the Illinois Municipal Code; (B) "deputy sheriff" means a deputy sheriff appointed under Section 3‑6008 of the Counties Code; (C) "elected sheriff" means a sheriff commissioned pursuant to Section 3‑6001 of the Counties Code; and (D) "fire investigator" means a person classified as a peace officer under the Peace Officer Fire Investigation Act.
2. A description of the vehicle, including such
information as is required in an application for a certificate of title, determined under such standard rating as may be prescribed by the Secretary.
3. Information relating to the insurance policy for
the motor vehicle, including the name of the insurer which issued the policy, the policy number, and the expiration date of the policy.
4. Such further information as may reasonably be
required by the Secretary to enable him to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.
5. An affirmation by the applicant that all
information set forth is true and correct. If the application is for the registration of a motor vehicle, the applicant also shall affirm that the motor vehicle is insured as required by this Code, that such insurance will be maintained throughout the period for which the motor vehicle shall be registered, and that neither the owner, nor any person operating the motor vehicle with the owner's permission, shall operate the motor vehicle unless the required insurance is in effect. If the person signing the affirmation is not the sole owner of the vehicle, such person shall be deemed to have affirmed on behalf of all the owners of the vehicle. If the person signing the affirmation is not an owner of the vehicle, such person shall be deemed to have affirmed on behalf of the owner or owners of the vehicle. The lack of signature on the application shall not in any manner exempt the owner or owners from any provisions, requirements or penalties of this Code.
(b) When such application refers to a new vehicle purchased from a dealer the application shall be accompanied by a Manufacturer's Statement of Origin from the dealer, and a statement showing any lien retained by the dealer.
(Source: P.A. 93‑723, eff. 1‑1‑05.)
if theres more cameras then thats less stops we will do for people running red lights.....shit! now how will i get my traffic stop of the month award????
Photo Blocker does not work. Tried it. There is video taken at the same time as the pics. Yes the pics are blurry but not the video pic taken of the plate.
Photo blocker $35
Ticket $90
I ll give you what s left in the can.
Speaking of unconstitutional, What's up with the mandatory court appearance for people blowing a stop sign. Way to clutter up courts with B.S. stops and to make the city more $$$$. From now on, I'm gonna write the state charge for blowing stop signs!!!
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