Tuesday, March 30, 2010

Fake Camera Signs Fool Drivers

WBBM Newsradio 780 is reporting about fake traffic camera signs that have been put up in the Village of Norwood Park, just outside of O'Hare Airport.  The intersections are controlled by stop signs.  It is against the law in Illinois to place traffic cameras at intersections controlled by stop signs.  At two such intersections in Norwood Park, the Village has placed signs that the intersections are guarded by cameras.  The Township Supervisor admits that the warnings are fake and were placed there to fool drivers into hopefully being more careful at the intersections.  The signs say, "Photo Enforced" and underneath, in small letting "Soon To Be".  These fake signs have been up for a year but are getting media attention just now.  

At least the intent of the Norwood Park authorities is clear and should be commended.  The intent is clearly to promote public safety and not to raise revenue.  We would like to see more of these signs than actual cameras be put up.

To read the article, click here.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Most Speeders Get Supervision

The Chicago Tribune published an article today in which they say that an examination of traffic court records reveals that most drivers appearing in court in this area on a speeding ticket received court supervision.  In Cook County, 57% of speeders received court supervision.  The highest percentage of supervision sentences were in Lake County, which gave supervision to 61% of speeders.  Court Supervision allows drivers to keep the tickets from being reported to the Secretary of State and then be reported to the insurance carriers so they can raise insurance premiums.  The insurance companies have long been critical of the use of Court Supervision in Illinois.  This Tribune article follows another article this weekend that examined the use of Court Supervision for drivers caught speeding 100 miles an hour over the speed limit.  What needs to be kept in mind is that there is a huge difference between a regular speeder and someone speeding over 100 miles per hour.  It is the opinion of this author, and traffic court practitioner, that the way Court Supervision is used in our traffic courts is generally a success and works properly.  Giving a judge the discretion, on a case by case, driver by driver, basis to determine when court supervision should be given, rather than applying a cut and paste statutory requirement that does not take the particular case into consideration, is equatable and fair.

To read the Tribune article, click here.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Kane County To Consider Getting Rid Of Red Light Cameras

In the coming weeks, the Kane County Board will be hosting public hearings to consider stopping the use of red light cameras in Kane County.  Only four towns in Kane County have installed red light cameras.  Red light cameras are installed in Elgin, South Elgin, Geneva and St. Charles.  The Board will be considering whether red light cameras have really made intersections safer as was the intent when they were first installed in Kane County 2 years ago.   Kane County already has a process in place when a request is made to install red light cameras at a particular intersection to determine whether installing them at that particular intersection would reduce the number of accidents.  Kane County officials have already denied at least 6 requests for red light cameras.  Apparently, the Kane County Board has decided that the time has come to consider whether red light cameras actually add to the public safety.  The decision by the Kane County Board is pointing to a rising public backlash against the use of red light cameras.  The Village of Schaumburg barred the use of red light cameras in their town and last week the Illinois Senate approved a bill that would place some small limits on the use of red light cameras.

The Kane County Board has not yet scheduled hearings.  The number of hearings will depend on the pubic interest and response.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Sunday, March 28, 2010

Federal Judge Upholds Washington D.C Gun Restrictions

A federal judge has upheld the new restrictions on gun ownership that were passed by the Washington, D.C., city council after the United States Supreme Court invalidated Washington, D.C.'s gun laws two years ago.  The Plaintiff in this case was Dick Heller, the same Plaintiff as in the Supreme Court case.  Gun owners were claiming that the new restrictions were unduly burdensome and excessive.  The new regulations require background searches, fingerprints, photos and a ballistic identification procedure that allows police to trace a bullet to a particular weapon.  In addition, the restrictions bans assault weapons and large ammunition feeding devices.  The federal judge ruled that these restrictions do not violate the rights guaranteed by the Second Amendment.  The judge said he was deferring to the judgment of the city council in upholding the restrictions.  He found that sufficient evidence was produced at the city council hearing to establish that the registration requirements will effectuate the goal of promoting public safety and that there is a sufficient nexus present between the requirements and the important governmental interest of promoting public safety.  In upholding the ban on assault weapons and large ammunition feeding devices the judge ruled that he was deferring to the judgment of the city council which found that such weapons are "disproportionately likely to be used by criminals" and have no legitimate use for self defense.  In upholding the ban on large ammunition feeding devices the judge found that such a restriction does not render a weapon inoperable and is not an unduly burdensome restriction.

The case is important because it focus on the standard of review to be applied by reviewing courts when deciding restrictions on guns.  In this case the judge chose an intermediate standard of review.  He decided against applying the toughest test which applies to fundamental rights and he rejected the city's suggestion that he apply a highly permissive test.  The judge seemed to go right down the middle.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Friday, March 26, 2010

Chicago Caught Shorting Yellow Lights

At Chicago intersections in which red light cameras are installed, the yellow lights last only 3 seconds, the bare minimum required under federal regulations.  In the suburbs, yellow lights last for between four to four and one half seconds.  The shorter yellow lights intentionally make it harder for motorists to stop in time and makes it more likely that more tickets will be issued at that intersection.  While government officials claim that public safety is the main motivation for the use of red light cameras, there is no doubt that red light cameras are big money makers for local government.  Chicago has installed red light cameras at 186 intersections.  The revenue generated for last year for the City of Chicago was over $59 million.  Federal guidelines suggest that yellow lights last between 3 to 6 seconds.  City officials claim that yellow lights in the City of Chicago are set for 3 seconds because the speed limit in the city is 30 miles an hour.  Yellow lights are longer in the suburbs because the speed limits in the suburbs are generally higher.  However, in many suburban intersections in which the speed limit is 30 miles per hour, the yellow lights stay on longer than 3 seconds.  In defense of Chicago, New York City also sets its yellow lights at 3 seconds.  However, in Los Angeles, when the yellow lights were changed from 3 to 4 seconds, the city noticed a big drop off in the number of red light tickets issued. 

The new legislation approved by the State Senate yesterday would allow the City of Chicago to keep the yellow lights at 3 seconds because the time limit falls within federal guidelines.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Minor Limits On Red Light Cameras Approved By State Senate

On March 12, 2010 we informed our readers that a compromise was struck in Springfield that would only impose minor limits on the use of red light cameras.  Yesterday, in a 45 to 10 vote, the Illinois Senate approved the bill, sending it to the Illinois House for final approval.  The limits placed on red light cameras by this bill are very minor.  The legislation allows drivers to stop a little beyond the stop line so long as pedestrians were not present.  The legislation would require towns to list on the internet where the cameras have been installed and prohibit the imposition of additional fees for appealing a ticket issued by a camera.  Cops or trained technicians must review the tickets before they are issued, the yellow lights at intersections must correspond to federal guidelines and motorists must be given an opportunity to view a video of their violations online.  As we stated in our March 12, 2010 article, the compromise legislation was crafted after a lengthy closed door meeting between legislators and lobbyists from the red light camera providers.  This legislation falls far short of the changes sought by supporters of real reform.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Cicero Trustees Will Be Allowed To Write Parking Tickets

Starting April 2, 2010, the elected Trustees for the Town of Cicero, will be allowed to write parking tickets.  In what may be the first of its kind action, the town has give this power to the seven elected Trustees.  Before doing so, they will be required to take a short class in the Town Hall to learn how to write tickets.  About 110,000 people live in Cicero.  There are about 70,000 vehicles registered in Cicero.  The town is well known for having serious parking problems.  Under state law, village officials are allowed to take on additional functions so long as they do not receive additional compensation.  The Trustees will not be paid anything extra for writing the tickets.  But along with it's notorious parking problems, Cicero is also notorious for its corruption.  Former town president, Betty-Loren Maltese, was convicted of stealing $12 million dollars from the town.  About a year ago there was a controversy surrounding the towing of cars on streets where street cleaning was occurring.  It turns out that the towing company that was towing the vehicles was owned by the father of the town's attorney.  After this came to light, the town started issuing $50 tickets rather than towing the vehicles of first time offenders.  The possibility of something inappropriate occurring is certainly a possibility in Cicero.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-8--228-7295.

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