Fighting Speeding Ticket/IL

[ScoobyDew_79]

What is the name of your state? IL

I received a speeding ticket for going 45 mph in a 30 mph zone. I do not believe I was speeding. I made no statements nor signed anything; I only answered the officer's questions. This occured in Waukegan, Lake County, IL.

I did ask to see the radar. The officer refused. I know I don't have any legal right to see the gun.

I wish to fight the ticket, simply because I don't believe I broke any law. I have a clean driving record, only 1 speeding ticket 5 years ago, which I went to driver's school for and was not placed on my record. I am 23.

I have the time to go to court over it; time is not an issue. So I have a few questions:

First, I know I have the option to a Judge or Jury trial. Which is more likely to find me not guilty?

Second, if I choose a trial by jury or judge, and I am found guilty, will I still be able to go to driving school to have the ticket removed from my record?

Finally, what exactly do I say in my defense? I can say that I looked at my speedometer and know that I wasn't speeding, but beyond that? Can I question the certification of the officer using the gun? Suggest that another car was clocked?

I appreciate the time taken to provide a response.

 

[stephenk]

how fast do you believe you were going?

you are not entitled to a jury trial.

 

[ScoobyDew_79]

I was going the posted speed limit. I look at my speedometer a few moments before I was pulled over. If I was speeding at all (even a few miles over), I would not have a problem paying the ticket.

 

[abezon]

Get a book from the library on how to fight a ticket. Beat Your Ticket, David Brown, Nolo Press is pretty good. Attend a traffic court session soon to get a feel for how things go. You may need to subpoena police records regarding radar gun calibration, so act quickly.

 

[firemanup]

When I was a law enforcement officer in AZ we were required to calibrate and document the calibration of the radar unit at the beginning of every shift.

We were also taught to calibrate it just before using it. Get ahold of the calibration information for that particular gun that day.

He does not have to show you the gun, and you more than likely, if the officer knows what he is doing are going to be fighting more than just the radar gun. He should have gotten a visual estimate before he clocked you, then may have paced you also.

Where he pulled you over is not necessarily where he clocked you, it sounds as if you were in town, but I know when working the highway as I did if I was in a stopped position running radar, it could take me 2 to 5 miles to catch a violator depending on traffic and his speed.

Have you had your speedometer checked to see if it is off?

Good luck but if the officer has any experience and knows what he's doing your chances of getting out of it are very slim.

Jason

 

[nickstafford]

In court ask the officer all kinds of question, ask for his calibration records of his gun , when he was certified to use the gun ,when was the gun last checked for any misleading reading ect……….or Have your car calibrated , that detects if the speedometer is off. Then if it is off about 15 miles per hour argue in court that you were doing what you thought was the speed limit……..which on your speedometer it was reading (30) but in reality your car was moving at (45)MPH ….ask the court to consider finding you guilty of improper equipment, its not a moving violation but it does have about a 40 dollar fine and it does not go on your insurance record. ………..I’ve heard of people putting bigger tires on there car or pumping them up to about 60PSI before having it calibrated that throws the meter off about 5 - 10 mph. And if your found guilty in district court of either speeding or improper , appeal it and then you’ll have your opportunity for a jury trial

 

[jajones]

Check out the website for the National Motorists Association Foundation. They have a legal defense kit you can rent which contains much good information on fighting tickets.

 

[kmsweb]

To ScoobyDew_79

I am in the process of helping my husband fight a speeding ticket, and fighting my own (my first one). I have been driving for 10 years and had never got a ticket until just last month.

Here are some excellent free resources for you or anyone else considering fighting a speeding ticket-

An interestingly informative article to start you off here: http://www.worldlawdirect.com/article/903/

Public records request form:
http://www.jesbeard.com/s15.htm

Need cross examination questions?:
http://www.jesbeard.com/s9.htm

And you might be able to browse your local state government for any additional info you might need:
http://www.state.il.us/government/gov_legislature.cfm

Good luck!

 

[dabear]

You stated that you looked at your speedometer a few moments before being pulled over. Allot of people argue that they were going the speed limit when they were stopped.

I believe you were probably going the speed limit when you were stopped. A RADAR or LASER can get you up to 3000 feet away. Believe me, officer's don't have to make up speed violations on motorists. There are plenty of drivers out there burning up the roads. My guess and it is only a guess because I was not there, is that you were speeding, saw the officer, slowed down then a few moments before pulling over looked at your speedometer which you already admitted happened.

It is certainly your right to contest the ticket.