Photo enforced citations are becoming very popular in Madison and St. Clair County. Over the past month we've begun representing many clients charged with these offenses. Typically, the citations are issued from an automatic van parked in a construction zone. Most of my clients have advised that the photos they are sent with the citation does not depict any workers in the general area. The State must prove workers are present in order to succeed on the citation. Further, the citations are sent to motorists well after they allegedly occur.
Speeding in a Construction Zone carries a mandatory minimum fine of $375.00. Also, the typicall manner in which we resolve Speeding cases cannot be applied to those offenses. Court Supervision is not allowed to resolve the citation. At Polinske & Associates, P.C., we have used the Supreme Court Rules to our clients' advantage. Many of the citations are simply dismissed for failure to comply with one Supreme Court Rule in particular. As of this date I am the only attorney obtaining dismissals of these charges for that very reason.
Many times my clients will not have to appear in court on these tickets. Contact us immediately if we can assist.
Recent Successes
My client, an out of state driver, was cited on a visit to St. Louis for Speeding in a Construction Zone. We were able to obtain a full dismissal of the charge based upon the State's failure to comply with one particular Supreme Court Rule. This failure prevented them from moving forward on the citation. The dismissal savee my client a minimum $375.00 fine and a conviction.
My client, another out of state driver, was cited for Speeding in a Construction Zone. He claimed that there were no workers present. The photographs also backed up his claim. Further, the State failed to comply with one particular Supreme Court Rule. A full dismissal was granted.
