Red light camera tickets and the burden of proof

The malleability of the law and its application is apparent in the issuance of red light camera tickets in Chicago. Imagine…it’s a holiday, you’re attending a gathering of family and friends. Someone yells, “we need ice,” and looks out about the drive way to see that your car is the most accessible for making the run. You, unwilling to make the run, think nothing of tossing your keys to the designated runner who scurries on to complete his task. While on the ice run, the runner runs through a traffic light fitted with a red light camera; the car is captured as the driver commits the infraction.

The red light ticket debate

Three weeks later, you receive a red light ticket in the mail, displaying the rear license plate and your vehicle going through a red light; the ticket also states the date and time of the alleged infraction. You question the ticket because you neither live nor work in the area where the infraction occurred. Then, you realize you were not the driver because the infraction occurred during the ice run.

Who is responsible for the ticket?

You confront the family member who made and ice run and committed the infraction; he laughs, “You can’t prove it was me; so, it wasn’t me; therefore, I’m not responsible for the ticket. The court sent the ticket to you, not me.” You point to the picture, trying to tie the accused to the infraction, but all you have is a picture of the rear license plate of your car proceeding through the red light. A bit steamed, you realize that you will have to pay a fine you did not incur for a moving violation you did not commit, which will be reflected on your driving record. Reluctantly, you pay the ticket and suffer the consequences of allowing others to drive your car. However, burden of proof says fight such tickets because their issuance places responsibility on the owner of the car, not the violator.

Flawed application

Now, imagine making the ice run, but you’re riding in the passenger seat of your car; your nephew wants to test drive your new sports car, so you let him. He runs through a red light and is espied by a police officer who pulls the car over. Who gets the ticket? Get the picture?