Drivers warned of automatic fines up to $1,000 with new cameras in effect from July 1 – state can even take tax refund

SPEEDERS have been warned about new cameras equipped to issue automatic fines in key areas – it could cost some $1,000.

If drivers don’t officially respond within 30 days, the city can come after benefit payments and tax returns.

KCRG

KCRG

KCRG

Six Iowa cities – Davenport, Cedar Rapids, LeClaire, Muscatine, and Des Moines – recently passed a law allowing state police to issue citations to drivers if they’re caught speeding over 10 mph the limit with a camera.

Many other cities utilize speed cameras too, though they’re not as plentiful as they are in the larger towns mentioned.

Des Moines turned off its cameras last month to prepare for the new law but resumed operation on June 27, wrote the Des Moines Register .

Now, drivers can be automatically sent a ticket via mail or electronically for $75 for driving 11-20 mph over the speed limit.

Fines jump to $100 for going 21-25 mph over the limit, and $250 for driving 26-30 mph over.

If they’re caught going 30 mph over the limit, drivers will be fined $500.

In work or construction zones, fines double – meaning a driver can be cited $1,000 automatically for going 30 over the limit.

The new law requires an official response, either in the form of a rebuttal or payment, by 30 days or the city can begin taking action against the speeder.

After 30 days and no response, the city will notify the driver, prompting them to either appear in court to contest the ticket or pay it.

If the driver wants to contest the ticket, the driver may end up paying more than the initial fine if they’re found guilty, since the cities will ask drivers to pay a $95 filing fee plus court fees if they lose.

If someone else was driving their car when the citation was issued, the original owner can submit evidence to prove they were not the person driving the vehicle.

The original owner must be able to provide contact information, the speeder’s full name, and address.

Then a ticket will be sent to the person who was driving the vehicle.

Cedar Rapids will send the balance to a collections agency if it’s not paid, and if the balance is not paid or is not actively being paid, then the city can use Iowa’s Setoff Program to collect the fees.

How to fight a speeding ticket

According to a legally reviewed post, there are five effective strategies to fighting a speeding ticket if it was wrongfully issued.

1. If pulled over and issued a ticket, drivers can argue or dispute a driver’s personal opinion. When issuing a speeding ticket, an officer is required to write their opinion and come to an “objective” conclusion. If the ticket was written based on that judgment, it can be contested. An example would be if you were going 75 mph in a 65 mph zone because others were traveling at the same speed, you could argue that it would be more dangerous to travel at 65 mph.
2. You can dispute the officer’s presentation of evidence. If you were ticketed for something like running a stop sign or making an illegal u-turn, you can’t contest that if an officer saw you, but you can call things into court like eyewitnesses, diagrams, or photos.
3. Argue that the ticket was issued by a “mistake of fact.” This is tricky, but a “mistake of fact” is a mistake made by a driver about a situation that was beyond their control, or if a driver legitimately did not know they were violating the law. For example, you were driving in two lanes because the lane markers were so worn down that you could not see them.
4. You could say circumstances justified your driving. You could say you were speeding to pass a possibly drunk driver, or avoiding an accident by rapidly changing lanes. However, the argument won’t work if there’s proof you continued to speed after passing.
5. Similar to the above, it could be argued that speeding was necessary to avoid harm. The key is to argue that if you weren’t speeding, you or someone else could have been harmed.
6. Consult a traffic attorney, if all else fails. Many have free consultations to decide whether or not there’s a case.

Source: FindLaw

That means the city can go after a driver’s tax refunds or benefit payments to pay the overdue balance.

However, that’s only if the ticket has been unpaid for over a year after the issue date.

Many Iowa communities applied for speed cameras through IDOT to keep their cities safer, particularly in intersections.

Some said drivers had a dangerous tendency to speed through red lights or speed in general, posing danger to residents.

The cameras are fully functional as of July 1, and tickets will be issued to the vehicle’s registered owner.