Ex-county board member wins right-turn ticket battle

A traffic citation issued by East Dundee police last year to former Kane County board member Don Rage was thrown out of court Wednesday in Carpentersville branch court.

Kane County Judge Susan Clancy Boles said, "The village of East Dundee has failed to furnish the burden of proof in this case."

Boles issued her ruling based on testimony given during a May 7 hearing.

A now-retired East Dundee police officer testified May 7 that he saw Rage on Nov. 9, 2007, driving a Mercedes south on Van Buren Street.

Rage, a Carpentersville resident, stopped at a red light at Route 72, waited for two westbound vehicles on Route 72 to pass and then made a right turn onto westbound Route 72.

There are three "no turn on red" signs at or near the intersection -- one on the right street side of Van Buren, another above the intersection and the third on a pole in front of the church on Route 72.

Rage was pulled over into the Main Street parking lot and asked the police officer if he could be issued a warning instead of a citation, according to court testimony.

The ticket was issued, but dismissed in December by the village prosecutor's office. The ticket then was reinstated after police complained.

Rage testified on May 7 the citation was illegal because the village of East Dundee had no ordinance for traffic signs at the intersection and the Illinois Department of Transportation had no record of the signs being there.

East Dundee village President Daniel O'Leary testified on May 7 that Rage was his friend and was asked if there was a village ordinance for traffic sign at the intersection.

"No," O'Leary replied, "I'm embarrassed by what we don't have. We have no record of signs being there."

The question now that remains is whether other citations issued by East Dundee police for right turns on red lights in the past at the same intersection are valid.

East Dundee Police Chief Terry Mee said Wednesday the signs probably have been there for 20 years or more. He also said they were necessary for public safety because Route 72 is on a grade and curves before the intersection.

"We serve at the behest of the village and will continue to enforce the traffic signs until the village tells us differently," Mee said.

"During our investigation, nobody knew how the signs got there," said village attorney Chris Paxhia. "As a precautionary measure, I'm going to recommend a specific ordinance for that intersection."

A telephone message left at Rage's home and two left with his secretary at Rage Land Management in Elgin were not returned.