Posted: 4/24/2010 4:00:34 PM EDT
|
Recently the wife was driving our van and from what I can remember of the illinois rules of the road, the turn she made on a red light was legal. There are no posted "No Turn On Red" signs. Yet they still have one of the damn things.
Any way to get it tossed? According to the paper sent, the village is Worth and it says ordinance number and description is 07-30, Disobeying a Traffic Control Signal. Also in the pic you can see the brake lights of the van are on at the time, due to the fact of not just bolting out into traffic so as to make what we thought a legal right hand turn. Or can these things not be fought, and we are screwed on this? |
I'd still fight it.
|
Quoted:
Recently the wife was driving our van and from what I can remember of the illinois rules of the road, the turn she made on a red light was legal. There are no posted "No Turn On Red" signs. Yet they still have one of the damn things. Any way to get it tossed? According to the paper sent, the village is Worth and it says ordinance number and description is 07-30, Disobeying a Traffic Control Signal. Also in the pic you can see the brake lights of the van are on at the time, due to the fact of not just bolting out into traffic so as to make what we thought a legal right hand turn. Or can these things not be fought, and we are screwed on this? You have a right to confront your accuser... subpoena the camera and interrogate it on the stand....... |
|
How many Photostat did they send you?
many systems take a series of photos, but they wil not supply all of them before the case comes to court. This is usually enough to at least get a delay. The prosecution failed to provide all the evidence. You at least want a continuance so you can study all the evidence. |
Well to the notice sent out to us, there are 3 of them 2 of the vehicle and the third is a really blurry closeup of the plate. (if you know well enough you can make out the license plate frame that says ar15.com 
I also plan on taking pics of the intersection showing that there are no signs saying no turn on red. so what would be my best plan on fighting this? serving the camera IS a nice idea but I doubt I will find a officer to serve that one..... 
|
|
If you can afford to, fight it. I would think that you have a pretty good chance of winning; I can't see how they would prove you didn't come to a complete stop before making your legal right-on-red. I've heard of these things going off during this exact situation before, even when the driver did stop completely. It's too bad you wouldn't be able to get extra compensation for the trouble and time off from work spent screwing with this BS.
Plus, you'll do us all a favor...the more often these piles get proven wrong, (hopefully) the less they'll be in use. They're counting on people just ponying up the dough for camera "screw-ups." Once it starts costing them more to pay the cops to sit in court (not generating revenue), the judge to sit there and hear cases that aren't important, the electric bill, etc. than they are generating from the cameras they should hopefully wise up. |
|
Well I finally have a stable internet again for now. Update though, They have a video of the infraction as well as the stills. The wife was driving and by looking at the vid she definately did NOT come to a complete stop. So then it caught her dead to rights on this one. If it was just still pics then I might try to fight it but with the video I would be sunk before I opened my mouth.
Thank you for the advice everyone. Will be telling the wife to come to a complete stop before making a turn. 
|
|
Quoted:
How many Photostat did they send you? many systems take a series of photos, but they wil not supply all of them before the case comes to court. This is usually enough to at least get a delay. The prosecution failed to provide all the evidence. You at least want a continuance so you can study all the evidence. Where do you think the prosecution is under an obligation to provide all the evidence prior to trial? Certainly not in Virginia. |
|
Quoted:
Quoted:
How many Photostat did they send you? many systems take a series of photos, but they wil not supply all of them before the case comes to court. This is usually enough to at least get a delay. The prosecution failed to provide all the evidence. You at least want a continuance so you can study all the evidence. Where do you think the prosecution is under an obligation to provide all the evidence prior to trial? Certainly not in Virginia. Absolutely in Virgina. My wife is an attorney and raised a stink in Arlginton when they sent her one image. The judge sent everyone back to the 'briefing' room to view the evidence when my wife objected that she had not had an popprotunity to review ALL the pictures. The CA tried saying they did not ned to provide them, and the judge stomped her quickly. . |
|
Quoted:
Quoted:
Quoted:
How many Photostat did they send you? many systems take a series of photos, but they wil not supply all of them before the case comes to court. This is usually enough to at least get a delay. The prosecution failed to provide all the evidence. You at least want a continuance so you can study all the evidence. Where do you think the prosecution is under an obligation to provide all the evidence prior to trial? Certainly not in Virginia. Absolutely in Virgina. My wife is an attorney and raised a stink in Arlginton when they sent her one image. The judge sent everyone back to the 'briefing' room to view the evidence when my wife objected that she had not had an popprotunity to review ALL the pictures. The CA tried saying they did not ned to provide them, and the judge stomped her quickly. . Ok. If there is such great discovery in VA, then there will be a statute providing for it. So you can post it for me. Virginia Sup Ct Rule 3A:11 provides for some discovery if you file for it but unlike the majority of states it requires you to give up things too –– like your alibi –– so it's abnormal. But I don't know of any state that requires the prosecution to just mail the defendant a copy of all the evidence against him without him even asking for it. |
|
Quoted:
Quoted:
Quoted:
Quoted:
How many Photostat did they send you? many systems take a series of photos, but they wil not supply all of them before the case comes to court. This is usually enough to at least get a delay. The prosecution failed to provide all the evidence. You at least want a continuance so you can study all the evidence. Where do you think the prosecution is under an obligation to provide all the evidence prior to trial? Certainly not in Virginia. Absolutely in Virgina. My wife is an attorney and raised a stink in Arlginton when they sent her one image. The judge sent everyone back to the 'briefing' room to view the evidence when my wife objected that she had not had an popprotunity to review ALL the pictures. The CA tried saying they did not ned to provide them, and the judge stomped her quickly. . Ok. If there is such great discovery in VA, then there will be a statute providing for it. So you can post it for me. Virginia Sup Ct Rule 3A:11 provides for some discovery if you file for it but unlike the majority of states it requires you to give up things too –– like your alibi –– so it's abnormal. But I don't know of any state that requires the prosecution to just mail the defendant a copy of all the evidence against him without him even asking for it. And when you show up for traffic court they must make it available if you request it. Then ask for an extension so you can review the evidence. Keep in mid that a private company collected the evidence and has possession of the evidence the state will be using. To 'save money' they will withhold it until forced to cough it up by the court, and they will cough it up. You can tie them in knots very easily. Just be polite while you are doing it. |
|
Quoted:
Well I finally have a stable internet again for now. Update though, They have a video of the infraction as well as the stills. The wife was driving and by looking at the vid she definately did NOT come to a complete stop. So then it caught her dead to rights on this one. If it was just still pics then I might try to fight it but with the video I would be sunk before I opened my mouth. Thank you for the advice everyone. Will be telling the wife to come to a complete stop before making a turn. Same thing happend to my wife. She swore up and down she stopped. I pulled up the video and all she could say was, "who do I make the check out to?" |