Double Jeopardy on Red Light Camera Tickets?
The Chicago Tribune had an interesting article about a driver who was issued a ticket for running through a red light by a Chicago police officer. http://www.chicagotribune.com/business/problemsolver/ct-biz-0316-problem-brown-20100316,0,6061431.column
The driver paid the $75 ticket; however, he then received a red light violation in the mail because a red light camera also caught him. The administrative penalty for the red light camera violation was $100.
A person cannot be punished twice for the same crime. That is called Double Jeopardy and it is not permissible under the US Constitution. Eventually, this driver was able to get the administrative penalty vacated based on double jeopardy principles.
This case presents many interesting issues for DUI clients and their attorneys. If a police officer is using a traffic infraction as the basis for probable cause to stop a motorist for a DUI, and there is a red light camera at that particular intersection, the pictures taken from that camera should be subpoenaed immediately by the motorist’s attorney. Especially if the police officer’s basis for the stop is that the motorist ran the red light, but he is not issued a ticket in the mail for the infraction. This video may provide proof that the traffic infraction was not in fact committed. Thus, there may be a motion to throw out the whole DUI case.
