1

Make the government obtain proper service of process

Many of the citations are mailed to wrong addresses. Check the details of the citation to insure that the proper car and model are listed. The government still carries the burden of proof on photographic radar camera citations.

2

Indistinguishable driver or operator

If you have received such a photo camera radar ticket, immediately ask to see the photo records that supported a ticket being mailed to you. You are entitled to see the evidence against you. Both the state and federal rules of due process of law apply.

3

Make sure the radar was calibrated daily by members of law enforcement

You can bring valid evidence that the challenges the data upon which citation is issued. If the equipment is not routinely calibrated and compared to standard, then you may be able to defeat the evidence. Your challenge must comply with the rules of evidence, so an attorney skilled in such matters can be of great assistance to you so that your rights are protected. Just last fall, in 2009, a glitch with an Illinois State Police vendor responsible for generating tickets through speed vans positioned on I-88 allowed some creative defenses to be raised. Although isolated, problems do exist with the technology at times.

4

Make and model of the vehicle is or is not identifiable

Sometimes needed details of the traffic offense are blurred in the photograph. These can create defenses to the photo ticket.