What is the burden of proof for speeding tickets?

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I recently got a ticket from a speeding camera for speeding in a school zone. I contested by mail, asserting that as there were no children visibly present, the ticket was without merit. The Administrative Law Judge ruled that "People who could be children are seen in the far top of the photos and movement can be seen in video.." I reviewed the video and it is impossible to identify specific movement. One of the photos, blown up in high resolution, shows what could be a child partially blocked by a car on a lawn, not on the street. So, does this satisfy the burden of proof? Essentially, the government is saying I could be guilty, therefore I am... ?? Does this constitute guilt by preponderance, or reasonable doubt? Because it is obviously not clear and convincing. Thanks

Attorney Answers

4
Mary Vendiola ·
Depending on how fast you were traveling, the standard is likely preponderance (more likely than not). However, these tickets are usually strict liability depending on the statute violated, which means if you were above the limit you were guilty whether or not children were present. We would need the statute cited to answer more accurately.
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Socrates Delacruz ·
The standard for a speeding tix is "by a preponderance of the evidence". Socrates Delacruz
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Joseph Henry ·
The burden of proof is the preponderance of the evidence, as this is considered a civil infraction.
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Christopher Ackeret ·
It is incredibly difficult to win administrative law cases in the City of Chicago.
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