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24 over in a 30

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vacren

Member
What is the name of your state (only U.S. law)? IL, Lake Co., North Chicago

On her way to an appointment, one of my subordinates was pulled over this afternoon for 24 over. Her car has been impounded and she has court first thing tomorrow.

Now for the questions...

She was ticketed for speeding, no insurance, and no registration in vehicle. They want her to pay over half her monthly earnings to get it out and she has four more appointments tomorrow afternoon. Is there anything that can be done to reduce/remove the bond amount for the vehicle, so she would only be paying the tow fee? At over $700, there is no way she can continue to work without the vehicle and paying that fee will mean missing car payments which she will probably not be able to catch up with.

The registration was taken out during a move, but exists. The insurance was lapsed (corrected 30 minutes after the ticket was issued). She was matching speed with the surrounding traffic, pulled off to the side to allow the cop to pass. She didn't realize she was being pulled over until she had stopped.

Anything to help would be fantastic. Double jeopardy is probably going to be in play here, she's active military and "conduct unbecoming" as well as the general article apply.

Thanks,
~V
 


racer72

Senior Member
She was ticketed for speeding, no insurance, and no registration in vehicle. They want her to pay over half her monthly earnings to get it out and she has four more appointments tomorrow afternoon. Is there anything that can be done to reduce/remove the bond amount for the vehicle, so she would only be paying the tow fee? At over $700, there is no way she can continue to work without the vehicle and paying that fee will mean missing car payments which she will probably not be able to catch up with.
The amounts owed are likely statutory, only a judge can change this. It would likely cost as much as the fine or more just to ask to have it reduced. If she can't afford it, she can't afford to drive. Perhaps a bus pass would cost much less.

The registration was taken out during a move, but exists.
Pretty lame excuse.

The insurance was lapsed (corrected 30 minutes after the ticket was issued).
Really really lame excuse.

She was matching speed with the surrounding traffic, pulled off to the side to allow the cop to pass. She didn't realize she was being pulled over until she had stopped.
Everyone was driving at almost twice the speed limit? :rolleyes:

Anything to help would be fantastic.
Best advice would be to hire a local attorney. But then there is that issue with finances.

Double jeopardy is probably going to be in play here, she's active military and "conduct unbecoming" as well as the general article apply.
Not even close to DJ. Like comparing apples to oranges.
 

asiny

Senior Member
So let's get the facts right:
1) She was speeding 24 over the posted speed limit.
This seems be not be contested and, I am sure, the officer can verify she was speeding. What the other drivers on the road around her were doing is immaterial. She was speeding.

2) She legally had no insurance.
Just because it was reinstated 30 minutes AFTER the fact is meaningless. Luckily she was not involved in an accident or, even worse, one that involved injury.

3) Failure to produce valid registration documentation.
Possibly this MAY be the only one she could get lowered - as she has valid registration and is able to produce it... key word MAY.

Basically, without insurance, she should not have been driving in the first place. Seems to be pretty much SOL. As said by racer72;
Best advice would be to hire a local attorney. But then there is that issue with finances.
 

justalayman

Senior Member
Many people who choose Option C come to court only to find they do not have a valid defense to the violation. At the beginning of each court call, the judge makes an opening statement about the operation of traffic court and explains what does not constitute a valid defense to violations. The list of unacceptable defenses includes the following:
"The sun was in my eyes."
"I was keeping up with the flow of traffic."
"My speedometer was broken."
"I did not see the sign." (Unacceptable unless the sign was not placed in accordance with state standards.)
"I was unfamiliar with the neighborhood and was lost."
Please be aware that if one of these reasons applies to your situation it will not be accepted by the judge.
that is from:

Traffic Court
 

OHRoadwarrior

Senior Member
I go through Lake County several times a month. I have NEVER seen a prevailing speed of 24 over, regardless of the time of day. Even in the construction zone, it usually moves only about 10 to 15 over. It appears she manages the rest of her life the way she drives, hence the other violations.
 

justalayman

Senior Member
I go through Lake County several times a month. I have NEVER seen a prevailing speed of 24 over, regardless of the time of day. Even in the construction zone, it usually moves only about 10 to 15 over. It appears she manages the rest of her life the way she drives, hence the other violations.
I remember one time driving up Lakeshore Drive. Speed limit is 45. I am not sure of the exact speed I was going due to the fact that when I am driving about 70 mph in bumper to bumper traffic, I figure I do not have time to actually look at the speedo.

talk about white knuckles.:eek:

Mind you, I have no trouble driving 70 and I have no trouble with bumper to bumper (although I hate it) but put the two together and you have my 100% attention pointed at whatever is directly in front of me.

I have my doubts about 54 in a 30 though. That means if is not a highway and there are plenty of lights and/or stop signs. Just not the speeds I would expect to see.
 

asiny

Senior Member
I have my doubts about 54 in a 30 though. That means if is not a highway and there are plenty of lights and/or stop signs. Just not the speeds I would expect to see.
My wife was able to get a 55 in a 30 on 300yards of road leading to a stop sign after she made a right turn. (sorry honey, I do love you :p)
 

proud_parent

Senior Member
I wish I had a dollar for every time I've been stuck on the Kennedy just wishing for the prevailing speed to get up to 24 mph.
 

vacren

Member
Originally stated she was in the wrong on all three. You can argue that the traffic where I drive two or three times a day doesn't get to an avg of 50-55 in a 30, but it is at that speed all day. Cops pop out there hen they get bored to pick up a quick ticket.

Thanks for absolutely no help, the bickering seals it. You people in traffic are worthless. At least the other boards offer ACTUAL help. Have a nice day, maybe go a little lighter on the mayo and you won't need to troll forums. See how I did that? See how I made reference to your character and physical appearance instead of responding to the post you made?
 

justalayman

Senior Member
Originally stated she was in the wrong on all three. You can argue that the traffic where I drive two or three times a day doesn't get to an avg of 50-55 in a 30, but it is at that speed all day. Cops pop out there hen they get bored to pick up a quick ticket.

Thanks for absolutely no help, the bickering seals it. You people in traffic are worthless. At least the other boards offer ACTUAL help. Have a nice day, maybe go a little lighter on the mayo and you won't need to troll forums. See how I did that? See how I made reference to your character and physical appearance instead of responding to the post you made?

well, unless you have some psychic vision, you would have no idea what I look like and if you had psychic powers, you would have "seen" that cop that clocked you and avoided the ticket. I guess since you got a ticket, you have no idea what I look like.

Now you run along and take care of that ticket before the authorities come and take you away.

and I don't use mayo.
 

racer72

Senior Member
Originally stated she was in the wrong on all three. You can argue that the traffic where I drive two or three times a day doesn't get to an avg of 50-55 in a 30, but it is at that speed all day. Cops pop out there hen they get bored to pick up a quick ticket.

Thanks for absolutely no help, the bickering seals it. You people in traffic are worthless. At least the other boards offer ACTUAL help. Have a nice day, maybe go a little lighter on the mayo and you won't need to troll forums. See how I did that? See how I made reference to your character and physical appearance instead of responding to the post you made?
Another satisfied customer.
 

OHRoadwarrior

Senior Member
I gave advice. She needs to stop being so irresponsible. She created ALL the conditions that resulted in her problems. She should have known the outcome in advance. Hire a lawyer, with money she doesn't have, to mitigate the damage caused by irresponsibility. This forum is for advice, we don't have genies with magic lamps to rub, so all the problems you cause yourself go away.
 

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