My jurisdiction is: South Holland, IL
I am confused over the legality and enforceability of red light cameras in South Holland, IL.
My sister received a ticket in the mail for "not stopping before turning at a red light." It was caught on camera and you can view the footage online but it does not show who was driving. The ticket states that you have to pay the fine or request a hearing. It also states that if you have five unpaid tickets like this they will suspend your license. The hearing is held at the police station, not the court house, like "normal" tickets. I told her to request a hearing because I didn't think that this was legal. (To get a ticket for being the owner of a car that violated the law without proof of who was driving it.) I have since heard that people claiming this defense are being found guilty anyway and being told that since this ticket will not affect your driving record, that the normal laws of "innocent until proven guilty" do not apply and therefore they don't have to prove who was driving. Instead, you have to prove your innocence.
If the above is true about it not being a ticket that goes on your record, then how can they enforce you paying it? That would be like me trying to fine people for trespassing on my property and expecting them to pay. If they don't pay me, I have no recourse of course. How is this different? How can they suspend your license for not paying the fine if it is not a "real ticket". The whole situation appears to be a money making scheme more than anything. I know about the argument for safety, but I don't buy it.
One reason I doubt the enforceability of this is because I have had a situation in the past where I had collected several parking tickets on University of Chicago property. The tickets were issued by university police, not Chicago police. They sent me letters telling me to pay or my license would be suspended. I never paid, they never suspended. Why? Because they were not issued by real police. My sisters situation is no different in my mind. There were no police involved, only cameras. And no proof of guilt in her case as they don't know she was driving.
Does anyone know anything about this?
I am confused over the legality and enforceability of red light cameras in South Holland, IL.
My sister received a ticket in the mail for "not stopping before turning at a red light." It was caught on camera and you can view the footage online but it does not show who was driving. The ticket states that you have to pay the fine or request a hearing. It also states that if you have five unpaid tickets like this they will suspend your license. The hearing is held at the police station, not the court house, like "normal" tickets. I told her to request a hearing because I didn't think that this was legal. (To get a ticket for being the owner of a car that violated the law without proof of who was driving it.) I have since heard that people claiming this defense are being found guilty anyway and being told that since this ticket will not affect your driving record, that the normal laws of "innocent until proven guilty" do not apply and therefore they don't have to prove who was driving. Instead, you have to prove your innocence.
If the above is true about it not being a ticket that goes on your record, then how can they enforce you paying it? That would be like me trying to fine people for trespassing on my property and expecting them to pay. If they don't pay me, I have no recourse of course. How is this different? How can they suspend your license for not paying the fine if it is not a "real ticket". The whole situation appears to be a money making scheme more than anything. I know about the argument for safety, but I don't buy it.
One reason I doubt the enforceability of this is because I have had a situation in the past where I had collected several parking tickets on University of Chicago property. The tickets were issued by university police, not Chicago police. They sent me letters telling me to pay or my license would be suspended. I never paid, they never suspended. Why? Because they were not issued by real police. My sisters situation is no different in my mind. There were no police involved, only cameras. And no proof of guilt in her case as they don't know she was driving.
Does anyone know anything about this?