Right to Demand Certificates of Calibration / Maintenance Records
Under §9-100-080(d), the administrative law officer 'may issue subpoenas to secure the attendance and testimony of witnesses and the production of relevant documents.' For automated speed and red light cameras, you can request: (1) calibration certificates; (2) maintenance/inspection records; (3) sworn certification of the technician (required by 625 ILCS 5/11-208.6(b) and 5/11-208.8(b)). Although Chicago courts have held the certification on the violation notice itself usually suffices, missing or delayed certifications, or refusal to produce records on request, can support a §9-100-060(b)(2)(iii) defense ('facts...do not support a finding'). Some cases (2019 IL App (1st) 181091-U) discuss this.
Legal basis
Chicago Municipal Code §9-100-080(d); 625 ILCS 5/11-208.6(b); 5/11-208.8(b)
Sample appeal wording
TO: City of Chicago, Department of Administrative Hearings RE: Camera Violation [TICKET_NUMBER] — Subpoena Request Under §9-100-080(d), I respectfully request the ALO issue a subpoena for: (1) the calibration certification for the camera at [LOCATION] in effect on [VIOLATION_DATE]; (2) all maintenance and inspection records for the 90 days surrounding [DATE]; (3) the underlying sworn statement of the system technician under 625 ILCS 5/11-208.[6/8](b). If the records are not produced, the prima facie evidence of correctness is rebutted, and dismissal is required under §9-100-060(b). Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Chicago Municipal Code §9-100-080(d)
- 625 ILCS 5/11-208.6(b)
- 5/11-208.8(b)
- 2019 IL App (1st) 181091-U