How I-Pass Data Can Be Used During Divorce

 Posted on September 29,2019 in Divorce

Many drivers have an E-ZPass – known as an I-Pass in Illinois – registered to their vehicle. The transponder is convenient for passing through tolls without having to stop and throw in coins in a toll booth. Most drivers do not think about how the transponder can track their movements based on the toll roads they use. The Illinois Tollway keeps that information private but can be forced to share information on individual vehicles when they receive subpoenas. Law enforcement officials are the ones who most often subpoena I-Pass records for evidence of criminal activity. You may be surprised to learn that I-Pass records are also used in some divorce and family law cases.

Scenario

Let us say that you are paying spousal maintenance to your ex, who was unemployed at the time of the agreement. You have reason to believe that your former spouse has started a job, which would allow you to modify your maintenance payments. Your former spouse denies that they have a job to avoid any reduction in maintenance. As part of your evidence gathering, you could file a subpoena for your former spouse’s I-Pass records, which may show that they are passing through tolls at times that are consistent with going to and from a job. I-Pass records have also been used as evidence that a former spouse is cohabiting with a new romantic partner, which may allow the termination of spousal maintenance.

Privacy Concerns

Though you may not like the idea of the Illinois Tollway holding a digital record of your travel history, most people do not have anything important to hide if the record was released to a former spouse. However, WBEZ recently aired a story about how a man was able to circumvent an order of protection by filing a subpoena for his ex-girlfriend’s I-Pass records. The woman, who had a daughter with the man, received an order of protection to prevent the man from harassing her through frequent phone calls, letters to her home, and requests for police to conduct wellness checks on their daughter. The man filed a subpoena for the woman’s I-Pass records without her knowledge. The court approved the subpoena, which allowed the man to obtain:

• A record of the woman’s travel on tollways;
• Her new license plate number;
• Her new cell phone number;
• Her new email address; and
• Her credit card information.

It is unclear what reason the man gave that convinced the court to release the woman’s I-Pass records. The woman said she was disturbed that the man could obtain all of this sensitive information about her without her even being aware of the subpoena.

Contact a St. Charles Divorce Attorney

Your divorce process may involve you trying to obtain important information that your spouse is trying to hide. A Kane County divorce lawyer at Goostree Law Group can conduct a thorough investigation and file a court order when necessary. To schedule a free consultation, call 630-584-4800.

Source:

https://www.wbez.org/shows/wbez-news/how-your-private-illinois-tollway-data-is-shared-with-cops-and-divorce-lawyers/cea68ea0-4b13-481a-80a1-50bf0e9db738