Truck drivers are asking a Cook County judge to declare a south Cook County suburb at the heavily traveled junction of I-294 and I-57 has violated the law in how it handles the hearing process for tickets issued to trucks police declare to be overweight.
On Feb. 10, attorneys with the firms of Markoff Leinberger, of Chicago and Andreano Law, of Posen, filed suit in Cook County Circuit Court against the village of Posen. The complaint was filed on behalf of truck driver Max Frederic and potentially many other truck drivers.
The lawsuit alleges the village, population of about 5,300, has violated Illinois state law for the manner in which it's adjudicating overweight trucking tickets issued within the village limits.
The suit suggests Posen is operating an illegal scheme following the issuing of tickets to commercial drivers driving through Posen that exceed weight restrictions. While the lawsuit doesn't challenge the tickets themselves, it takes aim at the administrative process by which Posen supposedly is accused of unilaterally controlling at the heart of this case.
According to the complaint, Illinois law requires tickets issued must be heard in an Illinois court. Posen is not a home-rule municipality. It therefore lacks the jurisdiction to administratively hear and rule over tickets issued, the complaint said.
The lawsuit asserts the Illinois Municipal Code imposes limits on the village's authority to administratively rule on ordinance violations. These limits are designed to protect the rights of individuals who have allegedly violated village ordinances by preventing village municipalities from overstepping their bounds.
Frederic claims that village officials are effectively acting as "the fox guarding the henhouse" by allegedly requiring truckers issued tickets for being over the weight limit to forfeit their due process rights in court. The suit contends operators are required instead to appear at a hearing before village officials presided over by an unelected village law officer to hear the cases against them.
The suit states that the fines imposed on these tickets are hefty, and the village profits from collecting them. As Ilinois truck drivers operate under a "point system," drivers issued a moving violation receive points on their driving records that could lead to restrictions or the possible loss of their operator's license.
Plaintiff is demanding a trial by jury and seeks restitution of all fines paid to Posen, legal fees and court costs.
Plaintiff is represented by attorneys Karl Leinberger and Paul Markoff of Markoff Leinberger, and Frank Andreano, or Andreano Law.