Illinois Appellate Court opens door to possible $10M refund of motorists fined for 'distracted driving'

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Illinois Appellate Court opens door to possible $10M refund of motorists fined for 'distracted driving'
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The Illinois Appellate Court on Wednesday breathed new life into a lawsuit with the potential to force the city to refund $10 million to motorists fined for “distracted driving” violations.

Appellate Court on Wednesday breathed new life into a lawsuit with the potential to force the city to refund $10 million to motorists fined for "distracted driving" violations.

"The Appellate Court said, ‘Of course they were injured. They had to pay fines to the city that were illegal. They should get ’em back.’ … It means that the case has been reinstated. It’s gonna go back down to the Circuit Court where we can seek class-action status and try to get refunds for everyone. … People paid $10 million in these unlawful tickets. And there’s about $10 million that people have not paid that’s a debt owing to the city that we’re gonna try to extinguish.

The money at stake in the distracted driving case is not as big, but it’s no less galling, Zolna said. In August 2017, Zolna filed a lawsuit accusing the city of sending those tickets to administrative hearing officers when state law required them to go to Traffic Court for one reason: to allow the city to keep the fines to itself instead of sharing 55 percent of the revenue with the county and state.

A May 29, 2019 response from city attorney Natalie Frank acknowledging:"This change in policy was made on the advice of counsel.

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