INDOT set to deploy first round of robocops

By RAY ADLER
Adler Attorneys

This week, INDOT announced it is launching a Safe Zones Pilot Program to improve work zone safety.

The state plans to begin using camera technology the current Interstate 70 construction zone in Hancock County from mile markers 95 to 105. There will be warnings given initially and additional work sites will be added over time. Indiana law allows INDOT to deploy up to cameras at up to four sites at any given time.

As you are driving, signs will be posted that you are entering an automated system monitoring section of the highway. Robot monitoring devices will check the speed of vehicles and issue tickets to those traveling 11 miles per hour or more above the posted speed limit. The system works by capturing an image of the vehicle’s rear license plate. Violations will be issued to the owner(s) of the vehicle.

After the pre-enforcement period, the first violation will result in a zero-fine warning and the second is a $75 civil penalty with a $150 penalty for each violation thereafter. The ticket will not be valid unless workers are present at the site at the time of the violation.

This is a five-year pilot program which will end in 2028. After that, state lawmakers would need to vote in order to continue the program or make in permanent.

A few years ago, the State of Indiana changed traffic offenses from criminal in nature (with all the accompanying constitutional rights) to civil in nature. These civil violations are called infractions on the State level or offenses if they are local ordinance violations.

Being civil in nature, the Defendant has no right against self-incrimination and can be required to testify on whether they were driving the vehicle. If they weren’t driving the vehicle, they can be compelled to disclose who was driving the vehicle.

The measure of proof in a civil case is slightly more than 50 percent – or more likely than not. The State will argue that it is more likely than not that the owner of a vehicle is the one driving it.  The Defendant could be compelled to confirm that testimony. If the Defendant gave testimony of another driver, that driver could be prosecuted in a separate action.

Once cases are filed with the Court, court costs could be assessed making it economically impractical to fight.

The robots are here.