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Ray, Lawyer
Category: Legal
Satisfied Customers: 41541
Experience:  30 years in civil, probate, real estate, elder law
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I received an automated photo speeding ticket in Illinois.

Resolved Question:

I received an automated photo speeding ticket in Illinois. According to the Vehicle Code, if I cannot be identified by the photograph (the code does not say which photo), the ticket is void. I want to know if they are basing identification on the windshield photo of me or all three photos (one is of the plates, the other of the car, and the third of the windshield).
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
Thanks for your question.You can seek this evidence in disocvery here in you want to seek trial of the matter.I am pretty sure here that we are talking license plate.They target the vehicle not the person.

They are in effect ticketing the owner of the vehicle.There have been a lot of these challenged here.Ask for a jury trial and take your shot.See what discovery you can get the judge ot produce before hearing.

If you ask for jury trial you may catch a break with one or two of the jurors. The public in general hates this system and you are likely to get some natural sympathy here if you can create some reasonable doubt.
Expert:  Ray replied 7 years ago.
More reference to possible defenses..

"Defenses you can use

If you decide to fight a speeding ticket based on "photo radar," here are some defenses you can raise:

The vehicle identified in the photo isn't yours. A dirty or obscured license plate could be mistakenly identified by law enforcement authorities.

The person driving your vehicle isn't you. You are not liable for a speeding ticket just because your car was speeding. If you lent your car to friend or a family member, you should ask to have the ticket issued in your name dismissed.

The photo shows more than one vehicle. If your car was traveling in a closely spaced group of vehicles, the radar may have picked up the speed of another car. If so, ask to have the ticket dismissed.

There was no warning sign telling you that photo radar was in use. Some communities have laws requiring the police to post a warning sign some distance ahead of where the photo radar vehicle is stationed. But be sure to check local statutes before trying this defense, and be sure there really wasn't any warning sign."
Ray and 2 other Legal Specialists are ready to help you
Expert:  Ray replied 7 years ago.
Here is a free consult here with Illinois Lawyer on your ticket..