Double Offense

Well my car was in the shop so I was driving my uncle’s Silverado for a couple days. My uncle is a contractor and uses this as his work truck. Anyhow I got pulled over for doing 50 in a 30 in a construction zone. Here's the catchy part, there was a temporary speed limit sign but it was knocked down and laying on the ground. I took pictures and am considering fighting it in court but I'm wondering if they'd just chew my ass up even more for speeding in a construction zone. My ticket for 20mph over is $75 but speeding in a construction zone is a $375 minimum.

I got another ticket for not having proof of insurance with me in the vehicle. Now my uncle has SAFECO insurance but I'm am not insured under the vehicle. Does anyone know what their policy is for non-primary drivers?

Anyhow I'm 17 with a clean record. I'd like to keep this away from my parents, so I would rather not hire a lawyer. Any advice would be greatly appreciated.

Thanks
-Jon

how could I forget, this was in Illinois

SHARKBITEATTACK said:

Well my car was in the shop so I was driving my uncle’s Silverado for a couple days. My uncle is a contractor and uses this as his work truck. Anyhow I got pulled over for doing 50 in a 30 in a construction zone. Here's the catchy part, there was a temporary speed limit sign but it was knocked down and laying on the ground. I took pictures and am considering fighting it in court but I'm wondering if they'd just chew my ass up even more for speeding in a construction zone. My ticket for 20mph over is $75 but speeding in a construction zone is a $375 minimum.

I got another ticket for not having proof of insurance with me in the vehicle. Now my uncle has SAFECO insurance but I'm am not insured under the vehicle. Does anyone know what their policy is for non-primary drivers?

Anyhow I'm 17 with a clean record. I'd like to keep this away from my parents, so I would rather not hire a lawyer. Any advice would be greatly appreciated.

Thanks
-Jon

Click to expand...

As long as you are not an excluded driver on your uncle's policy, just showing the card, proving that the vehicle was insured at the time you were pulled over, should be sufficient.

As for the other. What is the regular speed limit in the area? I am guessing 40 mph??? So either way, you were speeding right???

Since the sign reduced the speed I believe you would want to use People vs. Russell as the authority in your case.

From: Section 49 of the Uniform Act Regulating Traffic on Highways

'Electronic speed-detecting devices shall not be used within 500 feet beyond Any such sign in the direction of travel; if so used in violation hereof, evidence obtained thereby shall be inadmissible in any prosecution for speeding.'

There may be two issues in the case:
(1) The signage was improperly posted.
(2) The LEO may have been operating within 500 ft of the sign.

Showing the sign improperly posted so that motorists could not see it is a very good thing to bring to court with you.

Furthermore you could challenge the radar or lidar unit...

Was there a distance measurement located anywhere on the ticket? or did the LEO disclose how he determined the speed reading of 50 mph?

"We find the use of Lidar laser technology to measure the speed of an automobile constitutes "new" or "novel" evidence. Therefore, a Frye evidentiary hearing was necessary to determine whether these instruments were admissible as a matter of law. The trial court erred in admitting the results of the Lidar laser unit without conducting a Frye hearing. Because the only evidence of the speed of defendant's vehicle was obtained through the use of a Lidar laser unit, whose general acceptance has not been thoroughly litigated in precedential cases, defendant was denied a fair trial. Moreover, because the State did not present the speed of defendant's vehicle through any other evidence, no fact finder could find beyond a reasonable doubt that defendant was traveling 80 miles per hour in a 65-mile-per-hour zone. Double jeopardy considerations, therefore, prevent retrial."

even if the reduced speed sign was posted incorrectly, as you mentioned Cepe, the original poster has yet to say what the regular posted speed was. I have a feeling that he was exceeding that limit as well.

I asked the officer what the speed was and he told me it was 30. However since I turned onto that road, there was not a speed posted until after the intersection where he clocked me. So the construction area was between where I turned onto the road and the intersection he clocked me at. The 30mph construction zone sign was knocked down and was not visible. For the mile to mile and a half I was on this road, there were no speed limits posted.

Also when I asked to see the radar he went off on me. He told me that because I'm being pulled over I have to follow his orders and he gets to make the decisions. He said that if he wanted me to stay in the vehicle then I would have to or else I could be arrested. Then he said that as an officer of the ..... court, he swears an honest oath to tell the truth and he is here to protect the community and not pull people over for fun to make a joke out of it.

SHARKBITEATTACK said:

I asked the officer what the speed was and he told me it was 30. However since I turned onto that road, there was not a speed posted until after the intersection where he clocked me. So the construction area was between where I turned onto the road and the intersection he clocked me at. The 30mph construction zone sign was knocked down and was not visible. For the mile to mile and a half I was on this road, there were no speed limits posted.

Also when I asked to see the radar he went off on me. He told me that because I'm being pulled over I have to follow his orders and he gets to make the decisions. He said that if he wanted me to stay in the vehicle then I would have to or else I could be arrested. Then he said that as an officer of the ..... court, he swears an honest oath to tell the truth and he is here to protect the community and not pull people over for fun to make a joke out of it.

Click to expand...

If there are no speed limit signs posted from the point where you entered the road until you were stopped, and you have pictures of the temporary sign being down, then I would say you have a very good chance of having the ticket either thrown out or at least reduced and would think that you should take your chances pleading not guilty. I am sure others will post their comments.

Any last minute input you guys could give me? my court date is tomarrow

SHARKBITEATTACK said:

I asked the officer what the speed was and he told me it was 30. However since I turned onto that road, there was not a speed posted until after the intersection where he clocked me. So the construction area was between where I turned onto the road and the intersection he clocked me at. The 30mph construction zone sign was knocked down and was not visible. For the mile to mile and a half I was on this road, there were no speed limits posted.

Also when I asked to see the radar he went off on me. He told me that because I'm being pulled over I have to follow his orders and he gets to make the decisions. He said that if he wanted me to stay in the vehicle then I would have to or else I could be arrested. Then he said that as an officer of the ..... court, he swears an honest oath to tell the truth and he is here to protect the community and not pull people over for fun to make a joke out of it.

Click to expand...

The fact that he refused to provide the radar information is a smoking gun. Lawfully I believe the LEO has to provide the serial number to the accused or have a well certified chain of custody. The fact that he went off on you in an unprofessional matter can be brought up at court. You can ask him a few tough questions:

Why did you refuse to disclose the radar units speed display and serial number?
Do you have a log, chain of custody and other records today indicating which radar unit you checked out on that date?
Do you have a certified copy of the certifiction for the radar unit and the tuning forks used to calibrate it?
Why did you act angry when simply asked about the radar units display?

When you go to court you will see how loosely most LEO's take their oath to tell the truth and follow due process They will magically be able to remember specific details of the event from months ago...despite having written countless citations inbetween and it will all be tailored to exactly what the court wants to here a nothing more (they will usually spit in out so fast it is hard to even understand it. Technically the LEO who do not disclose key facts that may help the defense (such as the radar unit was not in current calibration) are in violation of due process as well...

Make sure you bring photos showing the sign down etc. and a diagram of the area as well...