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#1
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| Hi I have two scenarios... About three months ago I was put on court supervision for a traffic violation. I was told as long as I stay ticket free, the ticket would be dropped. But today on my way to work I was doing the speed limit and an officer pulled me over. He only asked for my drivers license. He said that HE clocked me on radar doing 52 in a 30. I asked to see the radar gun. He said he already erased it. I asked him to sign a piece of paper stating he refused to let me see the radar gun. He refused. We argued for about 20 minutes. He gave me the ticket it was for 45 in a 30. He gave me back my license, and asked me to sign the ticket. I refused to. He then said that he was not the one clocking me, some officer had announced my speed over the radio. I asked him if he saw me speeding, he said my car was out of his range of vision. After hearing there was no way I was signing the ticket,he ended up handing me the ticket and leaving anyway. I live in Illinois, and I had my 8 month old son in the car, I would not have been speeding with my child in the car, and on a road that is continously a speed trap. What will happen to my court supervision? And do I have a leg to stand on to fight this? thank you for your time. [This message has been edited by vespa7 (edited November 08, 2000).] [This message has been edited by vespa7 (edited November 08, 2000).] |
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#2
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| I can't answer about the supervision, but on the current ticket it will be your word against the cop's word, and possible documentary evidence. The cop who clocked your car and the cop who gave you the ticket will have to appear. Both will offer their proof -- the first that he saw a red 1997 Honda going by at about 50 on November 10 at 9:42 AM and that was confirmed and clocked at 51 by his radar gun. The second cop will say he stopped the only red honda at 9:43 AM and you were driving and he gave you the ticket and you refused to sign. That's a prima facie case. Then it is your turn. What's your story? If it's "I couldn't do that as I had my baby in the car" that is unlikely to cut it. Do not for one instant believe the judge will believe a Mom doesn't drive that fast with a child in the car. Signing the ticket or not is irrelevant as to whether or not you are guilty. It doesn't prove or admit anything. But it might show the judge you are "difficult".
__________________ This is intended as general information only, NOT legal advice. You are not my client and I have no obligation of any kind to you. To retain a lawyer I suggest you go to www.AttorneyPages.com. |
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