Contest Red Light / Speeding Violation Ticket Chicago
Update October 2018 - We recently contested a Chicago speed violation ticket after the VEHICLE MAKE was listed as OTHR even though the ticket photographs showed the make of my vehicle. In our in-person hearing, we stated:
Update July 2017 - According to an Administrative Law Judge (to be named), there is a pending lawsuit in the courts that is challenging the City of Chicago municipal code mentioned below. The case of Chicago vs (Slope) but we have not been able to find anything online regarding this case or this name. More to come. Please share with us your experience if you have challenged your ticket referencing the legislation below.
I believe the case you are searching for is Sloper v. City of Chicago 13 M1 450165. Paragraphs 18 and 19 from appellate judge Joseph M. Sconza's December 30, 2014 opinion are the most relevant and include:
Because the ordinance prescribes the performance of an act by a public official or public body, another relevant consideration is whether the provision is mandatory or directory. The determination of whether a provision is mandatory or directory depends on whether the language used dictates a particular consequence for failing to comply with the provision's command. Absent such language, the ordinance is directory and no particular consequence results from noncompliance. An ordinance including language that dictates a procedural command to a governmental official is presumed directory rather than mandatory, which means the failure to comply with a procedural step does not invalidate the governmental action to which the procedural requirement relates.
These administrative law judges aren't judges, they're lawyers moonlighting as paid whores for the City of Chicago collecting revenue. I had two administrative judges dismiss two tickets in previous years based on this statute. Evidence here:
Now they ignore the codes. There is no consistency in established precedent and I don't understand why there are no attorneys in Chicago pursuing a class action lawsuit against these fuckers.
I also recently contested that a violation notice was inconsistent due to listing "other" as the make of the vehicle. In the video evidence, there were numerous "other" vehicles in 4 lanes of traffic and no one from the city was available to testify which "other" vehicle was purportedly the violator. The Administrative Law Judge, Jean M. Brabeck, however determined the owner was in violation without providing any explanation to support. Unclear how anyone could receive a fair hearing when these "Administrative Law Judges" both ignore the law and make rulings without due process that would allow a defendant the ability to truly defend themselves.
I can't find anything online about this case. What was the name of your law judge? The judge should have provided concrete material (case # at minimum I think) in order for us to be able to read up on this.
Tried this defense this morning (8/4/17) and the judge countered with the '14 Slopes case. That determined that listing a car as "Other" does not attempt to confuse, or distort..yada yada, ticket stood. This defense no longer works. Welcome to Crook County.
I contested a new violation notice after successfully having two previous ones dismissed and citing the rulings of judges Sussman and Ballard who both affirmed that automated camera violation notices were incomplete without the proper vehicle make being identified as the vehicle pictured, instead of "OTHR". The administrative judge in this instance, Michael G. Cawley, ignored those rulings I cited and instead issued a finding of responsibility, with the usual merry go round caveat that I can appeal it, as I did before. I already spent over $1,000 in attorney fees when Judge Ballard reversed the second administrative judge's ruling, and it makes no sense that this judge is ignoring the rulings of two previous judges on exactly the same merits related to the vehicle make not being identified as state and city ordinances demand.
I also discovered from lawyers fighting the City of Chicago on automated traffic cameras when the "Vehicle Make" claims were brought up in the current suit challenging the City’s practice of failing to list vehicle makes despite the municipal codes those claims were dismissed.
So bear in and from here forward, the city doesn't have to follow the state and city municipal codes and they are allowed to ignore the law while the rest of us are held accountable.
We don't call it "Crook County" for nothing do we?