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Crap at Construction Zones

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personable

Junior Member
What is the name of your state? Illinois

So here's the scenario: I was going in a construction zone, in an area where there were no workers present and going approximately 55—the posted speed limit for that construction area. I have a witness that was in the car that can state this as well.

A little ways down, there were workers present. The only notification of this was a worker holding a sign saying "slow", which upon seeing this I did slow down to about 40-45 mph. I had to, there was a vehicle in front of me that if I hadnt slowed down, I would have hit.

The officer pulled me over after the construction zone had ended, stating that I had gone 60 in the 45 with workers present. And that he had clocked me in the 55 zone (again with witness that can testify to this). He wrote me the ticket for going 60 in a 45, which again I didn't do—my friend was in the car that will state I did in fact slow down, and there was a vehicle ahead of me that, if that vehicle were going 45, I would surely have hit going 60—I wasn't close to this vehicle, but I also wasn't far away. I want to fight this, because that's bull****. If anyone is from Illinois here, you know the new construction zone stuff is crap and pretty much now they are sending out officers on a sliding pay scale to give out tickets (and by sliding, I mean they are receiving more money for more tickets handed out in my situation). It doesn't pretty much state it in the new bill that was passed, it exactly states that (sorry that was me ranting for a second).

So my question is, can I contest this? The officer stated that he had only clocked me in the 55 zone, NOT the 45. I have a witness, and it's two words against one with an officer that was sent with no other intention than to give out as many tickets as possible. I know the construction zone stuff makes it really hard, but I also wasn't doing what he said I was doing on the ticket. Literally, he wrote down something that is a blatant lie, and not a small technical error like "going east instead of west" or something like that, he blatantly lied on the ticket that I was going 60 in the 45 after telling me he never clocked me in the 45 zone. He paced me for a while—I know I was going 45 or below because I saw him pacing me and only a complete retard would speed with an officer pacing you.

Sorry this was long, but can anyone help? Can an officer really do that? And again, witness to testify that we saw signs that stated the construction zone as 55 without workers present, and that the officer only clocked me in the 55 and not the 45.

Thanks,
Dan
 


Zigner

Senior Member, Non-Attorney
Have you had your speedometer checked?
Does it matter? Imagine using the defense: I was only going about 40-45. Which translates as "I really have no idea how fast I was going"

OP - you sped - you got caught. I wold not try to fight this by claiming you weren't going that fast. The state has evidence (in the form of expert testimony). You only have the vague assertion that "I couldn't have been going that fast"
 

moburkes

Senior Member
But, but, but..
My next response would have been that he needs to get it checked - so that it doesn't happen again!:D
 

racer72

Senior Member
witness to testify that we saw signs that stated the construction zone as 55 without workers present, and that the officer only clocked me in the 55 and not the 45.
Forget about using your buddy as a witness, any testimony he supplies will be considered biased towards the prosecution and it will not be allowed. Google "hostile witness".
 

personable

Junior Member
Are you guys ignoring what I said? HE TOLD ME HE DID NOT CHECK ME IN THE 45. And he told me he was using the speed he checked in the 55 for the ticket, and he didn't accidentally write down the 45—he specifically told me that was what he was using it for. This isn't a situation of I wasn't paying attention to the speed, I slowed down. I really didn't speed, I don't think you all understand that. The cop wrote down the speed he took when I was in the 55, then applied that to when I was in the 45. Sure, fine, I was doing 60 in the 55. Then the cop should have ticketed me for that. He ticketed me though for going 60 in a 45, when I was definitively going 45. Yes, it was an about, because I was going about 45—I wasn't using cruise control and there were a lot of bumps and deformities in the road to change my speed a bit, but no more than a couple of miles per hour tops. There is nothing wrong with my speedomoter, it said I was going 45 when I was going 45 and 60 when I was going 60. My point is, the cop was using the speed he took from me when I was in a completely different speed zone, he even told me that. And my question is, how the hell is that legal?

And vague assertion? The officer was pacing behind me. Can't I use that as an assertion? Isn't that his "expert testimony?" Except, you know, it would work against their case and for what actually happened.
 

personable

Junior Member
Forget about using your buddy as a witness, any testimony he supplies will be considered biased towards the prosecution and it will not be allowed. Google "hostile witness".
And I did google hostile witness, just like you said. And basically, it sounded like as long he wasn't being an ******* and was just saying what he saw and heard (IE I did in fact slow down upon seeing the sign carrier, there were signs that said "55" was the speed limit, and the cop did say he took the speed while I was in the 55 zone), then he can't really be claimed a hostile witness, especially since he is a classmate of mine—we were on our way to do schoolwork—this isn't exactly my best friend or brother that will take a bullet for me. And if I believed wikipedia, it would also have me believe this doesn't get claimed all that often. Because, you know, any witnesses I would bring in could then probably be considered hostile witnesses, as they would probably all be biased for me.
 

Zigner

Senior Member, Non-Attorney
There are defenses to being paced. However, it sounds to me like you entered the 45 zone while doing 60 and THEN slowed down.
 

Hey There

Member
Getting Started

9-25-07

Dan,

In order to contest any citation a proper defence consists of gathering as much information as possible.
To find out how you can obtain the officer's notes, video, and all other information the officer plans to use against you , go to Google and type in Discovery for Traffic Tickets. The first five websites
have information on Discovery or a request for public records(Your citation.)
You can also type in get the officer's notes.
Click on the first two websites. The first tells you how to file for Discovery. The second tells you what to do if your request for discovery is ignored.
Illinois has 4 methods for determining a vehicles speed. Pacing,VASCAR,radar,laser.
ALL methods are subject to error. If you are certain the officer used pacing to cite you then you can find out which questions to ask the officer at trial. I understand in Illinois you also have the option of having a jury trial.
Also a book which has information I've used is Beat Your Ticket Go to Court & Win by AAL David W.Brown which your local library may have or can obtain for you.This book also describes how to conduct a trial before a judge or jury with or without a witness.
If you were cited for 60 in the 45 mile zone then all you need do is prove that what you were cited for was in error and that you were doing 45 in the 45 zone.

Regards,
Hey There9-25-07
 

personable

Junior Member
Hey There—

Thank you. The guy before you wasn't bad at all either. But you made me have some confidence that I wasn't an absolute retard for asking some legal advice on the internet.
 

seniorjudge

Senior Member
Hey There—

Thank you. The guy before you wasn't bad at all either. But you made me have some confidence that I wasn't an absolute retard for asking some legal advice on the internet.
If you were cited for 60 in the 45 mile zone then all you need do is prove that what you were cited for was in error and that you were doing 45 in the 45 zone.

Two things:

Look up the definition of sanguine

and

Brush up on that old phrase, "Easier said than done."
 

personable

Junior Member
If you were cited for 60 in the 45 mile zone then all you need do is prove that what you were cited for was in error and that you were doing 45 in the 45 zone.

Two things:

Look up the definition of sanguine

and

Brush up on that old phrase, "Easier said than done."
So I had a longer post prepared, but instead I'll paraphrase it:

Illinois traffic construction laws are right now pretty ****ed up. It has officers working on commission to hand out tickets. You don't think they'll put as much crap forth as possible to give anyone they can a ticket? Yeah, I'm sure they're trying to serve and protect me in the most just and fair way when they're getting paid extra to screw me.

Second, do you come here just to be an *******? I suppose though, most people aren't offering any advice or strategies but rather good stretches to do before bending over, grabbing my own ankles, and taking it. Yeah, it's gonna be hard. But I also know the officer was in the wrong, so I'm going to go ahead and fight it tooth and nail.
 
yo dude. i so totally agree with you. I mean, like wow, what a bummer. the old man gave you a ticket even though your buddy will stand under oath, with his hand on the bible and the other hand holding his pants up. that is so wrong. i see your point. 2 against one. you should most definitely win. i dont see what the big deal is about driving so fast around guys trying to make a living without getting nailed by the real fast ones. they should back off from you. you obviously know what the law says and you can drive whatever you feel you can drive safely. don't let them railroad you. run down to the court house with your buddy and tell them that. don't back down. the rest of us losers are counting on you to correct the infidels.

:eek::p;):rolleyes::cool::):(
 

The Occultist

Senior Member
yo dude. i so totally agree with you. I mean, like wow, what a bummer. the old man gave you a ticket even though your buddy will stand under oath, with his hand on the bible and the other hand holding his pants up. that is so wrong. i see your point. 2 against one. you should most definitely win. i dont see what the big deal is about driving so fast around guys trying to make a living without getting nailed by the real fast ones. they should back off from you. you obviously know what the law says and you can drive whatever you feel you can drive safely. don't let them railroad you. run down to the court house with your buddy and tell them that. don't back down. the rest of us losers are counting on you to correct the infidels.

:eek::p;):rolleyes::cool::):(
Wow, you obviously know what you're talking about. You should be the OP's legal counsel in this case! :rolleyes:
 
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