Turning right on red Camera Violation

[cdawg786]

What is the name of your state (only U.S. law)? Illinois

Hi,

As stated above i was sent a ticket for turning right on a red without coming to a full stop. I was unable to review the video because it would not play for some reason photonotice.com. Initially as i approached the turn the light was green, but as i started my turn it turned red, you can clearly see another vehicle turning right in front me. As i understand it, i am screwed. So i wanted to know if i can somehow wiggle myself out of this.

I was ticketed under City of North Chicago Municipal Code Vehicle Violation Ch. 10 Act. 3.

i looked under the North Chicago municipal code found here:

[url]http://www.municode.com/resources/gateway.asp?pid=14620&sid=13[/url]

Have i been ticketed under the right ordinance and Chapter???

If so, i'll bit the bullet and pay the fine.

[I_Got_Banned]

Originally Posted by cdawg786

As stated above i was sent a ticket for turning right on a red without coming to a full stop.

Well, here's what the ordinance says:

10-3-41: RIGHT TURN ON RED: It shall be lawful to turn right after a full stop when a traffic-control device is red, except as follows:

All stops at the intersection of 14th Street and Sheridan Road.
(2-25-1974)
At the intersection of Lewis Avenue and Argonne Drive on school days when children are present.
(Ord. 877, 1-19-1999)

Originally Posted by cdawg786

but as i started my turn it turned red

There had to have been a yellow indication as well. Lights don't go from green to red instantaneously.

Originally Posted by cdawg786

you can clearly see another vehicle turning right in front me.

The car in front of you has nothing to do with your alleged violation. If the video shows that you entered the intersection (crossed over the line) while the light is red, and without stopping, then you, as you describe it, are "screwed".

Originally Posted by cdawg786

I was ticketed under City of North Chicago Municipal Code Vehicle Violation Ch. 10 Act. 3.

It should also list the particular ordinance number... as in:
Chapter 10 - Act 3 - Ordinance 41 or simply: "10-3-41" as shown above.

[cdawg786]

Thanks for the reply.

Let me clarify the lights, I was turning right while the right turn signal was green. Cars going straight through were stopped at a red light. The right turn signal does not have a yellow, it goes straight to red when the cars on the other intersection get the green signal.

As for the ordinance, it is not listed specifically.

All i have under the ordinance violation box is City of North Chicago Municipal Code Vehicle Violation Ch. 10 Act. 3. The review by the officer states that "Violation of Ch 10 Act.3 did occur"

Does the ordinance number matter?

[I_Got_Banned]

Originally Posted by cdawg786

Does the ordinance number matter?

Well, let's see. First some definitions:

TITLE 10 MOTOR VEHICLES AND TRAFFIC;

CHAPTER 1 GENERAL TRAFFIC REGULATIONS;

SECTION 10-1-16: AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS:

VIOLATION NOTICE: An automated traffic law violation notice issued pursuant to sections 11-208.3 and 11-208.6 of the code and pursuant to the provisions of this section.

It also defines:

"CODE”: The Illinois vehicle code, 625 Illinois Complied Statutes 5/1-100 et seq.

Now... Ordinance 10-1-16:

10-1-16 - Subsection E. A violation notice, the contents of which shall comply with the requirements of section 11-208.3 and 11-208.6 of the code, as amended, shall be served by mail to the address of the registered owner of a vehicle cited for an automated traffic law violation as recorded with the secretary within thirty (30) days after the secretary notifies the city of the identity of the owner of the vehicle, but in no event later than ninety (90) days after the violation. Service of a violation notice shall be deemed complete as of the date of deposit in the U.S. mail. The original or a facsimile of a violation notice, or, in the case of a violation notice produced by a computer device, a printed record generated by the device shall be a record kept in the ordinary course of business. A violation notice issued, signed and served in accordance with this section and section 11-208.3 of the code, a copy of the violation notice or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the violation notice. The violation notice, a copy or computer generated record shall be admissible in any subsequent administrative or legal proceedings.

And quoting Section 11-208.6 of The Illinois vehicle code, 625 Illinois Complied Statutes:

Subsection (d) For each violation of a provision of this Code or a local ordinance recorded by an automatic traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
The notice shall include:

(1) the name and address of the registered owner of the vehicle;
(2)the registration number of the motor vehicle involved in the violation;
(3)the violation charged;
(4)the location where the violation occurred;
(5)the date and time of the violation;
(6)a copy of the recorded images;
(7)the amount of the civil penalty imposed and the requirements of any traffic education program imposed and the date by which the civil penalty should be paid and the traffic education program should be completed;
(8)a statement that recorded images are evidence of a violation of a red light signal;
(9)a warning that failure to pay the civil penalty, to complete a required traffic education program, or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle; and
(10)a statement that the person may elect to proceed by:

(A) paying the fine, completing a required traffic education program, or both; or
(B) challenging the charge in court, by mail, or by administrative hearing.

I don't see anything there that says "Ordinance Number". Someone might argue that it's needed, others might suggest that a description is sufficient, and yet others might argue that without both, the defendant is placed at a disadvantage because he/she is unaware of the specific charge against him/her.

If you ask me, I would suggest that you know exactly what you were cited for, but then again, I am not the judge hearing your case. Make the argument before him/her and see what he/she says.

Although you should also keep in mind that since this is a computer generated notice, that might mean that if it was such a big issue, many before you would have made the argument and they would have corrected it by including the specific ordinance number as part of what is printed on the citation. You decide if its worth a try!

[cdawg786]

Thanks for your help mate.