A Sioux Falls man who won a battle with the city over a ticket involving his driveway is now putting up a fight with Sioux City.
Dan Daily was issued a ticket from Sioux City after traffic cameras along I-29 allegedly clocked him going 67 in a 55 mile per hour zone. There was no officer involved in the case. The ticket came in the mail, which is why Daily says he has no plans to pay the fine.
"I might have been going that fast. I'm willing to admit I was going that fast,” Daily said.
The camera clocked Daily driving 12 miles per hour over the speed limit. That's a $168 fine. But it's one Daily has no plans to pay.
“What bothers me is it's not official service. I got it through regular mail to my PO Box, and therefore I don't consider myself legally served yet,” Daily said.
Sioux City's I-29 cameras went up to slow traffic down. KELOLAND News visited with city officials about the change in November 2012. Law enforcement officials said the cameras were helping. Daily says Sioux City should prepare for a fight because he believes the cameras are unconstitutional.
“It's good evidence, but you need an officer to ticket you, or you need other proof,” Daily said.
Daily is a former combat vet who knows what it takes to wage war against city government. He successfully fought Sioux Falls after being issued a ticket for a concrete driveway extension. The South Dakota State Supreme court sided with Daily, saying the city's appeals process was unconstitutional.
“We can't let them do this. We can't let them get away with this. This is not what we expect from our politicians; from our government,” Daily said.
While he might not have been looking for another fight, Daily says he is prepared for one.
“It's been fought; it's been defeated. It can be defeated in Iowa equally as well,” Daily said.
Daily has until March 6 to pay the fine or until February 19 to request a hearing. He insists he won't do either because he doesn't consider himself formally served.
Daily says even if the ticket were sent certified mail or delivered in person, he would still contest it. The Iowa State Supreme Court has ruled traffic cameras like those in Sioux City are constitutional.