Illinois - 24.4.2(1)
So I posted here a week ago about a bogus ticket in an Illinois Construction Zone. Basically, the posted speed was 55, I was going 50, and got ticketed for going 50 in a 35. My out-of-state license was taken. I was told the ticket would be $75 and it would not go on my record. He told me just to pay the ticket, and it would go away. I've pasted the first message at the bottom of this post.
I tried to pay the ticket only to get a note back from the circuit clerk's office that 1) the minimum was a $375 fine for a construction zone; 2) I would have to go to court; and 3) they didn't have my license!
So I called the police department. The officer's supervisor said he wasn't supposed to take the out-of-state license from me (and mailed it back) and confirmed to me that the minimum fine was $375 and that I would have to go to court and that it would go on my record. However, the ticket says that no court date would be required. And there is some record that I was fined $75 (there seem to be two different records that say two different things). The supervisor's quote was: "I'm going to have to have a lengthy chat with this officer."
Well, that's nice but I'm on the hook for $375 and/or a 4-hour trip to defend a ticket that should have never occurred if the officer was competent.
I do have:
Pictures that show where I was pulled over and where the speed limits were posted.
The fact that he took my license illegally (or at least against department policy)
No court date required clearly marked on the ticket (although I want one now)
And some city record that says I owed (and paid) $75, although they returned the check to me.
Any thoughts?
I've been in contact with the city attorney to get an all-out dismissal without a court date, but I'm not sure how successful this will be. I have a clean record with 5 years of driving with one minor infraction (warning for turning right on a green light when no right turn was posted).
Thanks! This just isn't right!
Previously posted:
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Illinois Construction Zone - Ticket for 50 in a 55
Today I was driving my car with out-of-state plates through a small Illinois town/speed trap. The road was four lanes--one of which was closed in the direction that I was traveling. No workers were present. At the beginning of the construction zone, speed zone signs were posted at 35 mph (after going back and looking, these signs also had orange "work zone" signs posted above and below). I proceeded to drive down the highway and signs on both sides of the road were posted as first, 45 mph and then, 55 mph. These were apparently the regular speed limits, but were not covered and appeared new as if posted for the construction zone (though they didn't say work zone). 45 and 55 mph were not unreasonable for the unmanned construction zone. Approximately 2.5 miles after the posted 35 mph signs and 0.5-1.5 miles after the two other posted speeds, I was pulled over by the local police and given "local ordinance" infraction ticket for speeding at 50 in a 35. So...I have several questions.
I was not the only one to misinterpret this speed zone. As I drove back through twice at 32-34 mph to take pictures, I was passed on the shoulder once and honked at multiple times (by Illinois drivers).
1) Am I being unreasonable in expecting that construction zones should have regular speed signs covered and construction zones posted more than once in a 6 mile construction zone? Is there any legal basis to back me?
2) The officer said that the "local ordinance" infraction wouldn't go on my record, but I've got some trust issues with what he tells me. Is this the case?
3) If I decide not to plead guilty, it appears my only option is trial. However, I live hours away and the cost to return and fight this would be more than the cost of the ticket. Is there any way to fight an out-of-state ticket by other means than being present at a trial (i.e. a written appeal?)?
4) If I do decide to take this to trial and lose, would it be possible to get socked with the $400 ticket that I could have gotten for speeding in a work zone (how benevolent of him)?
Thanks for any help. The ticket isn't that much, but I hate to see an officer who is opportunistic at best and unethical at worst get away from this without at least having my say.
So I posted here a week ago about a bogus ticket in an Illinois Construction Zone. Basically, the posted speed was 55, I was going 50, and got ticketed for going 50 in a 35. My out-of-state license was taken. I was told the ticket would be $75 and it would not go on my record. He told me just to pay the ticket, and it would go away. I've pasted the first message at the bottom of this post.
I tried to pay the ticket only to get a note back from the circuit clerk's office that 1) the minimum was a $375 fine for a construction zone; 2) I would have to go to court; and 3) they didn't have my license!
So I called the police department. The officer's supervisor said he wasn't supposed to take the out-of-state license from me (and mailed it back) and confirmed to me that the minimum fine was $375 and that I would have to go to court and that it would go on my record. However, the ticket says that no court date would be required. And there is some record that I was fined $75 (there seem to be two different records that say two different things). The supervisor's quote was: "I'm going to have to have a lengthy chat with this officer."
Well, that's nice but I'm on the hook for $375 and/or a 4-hour trip to defend a ticket that should have never occurred if the officer was competent.
I do have:
Pictures that show where I was pulled over and where the speed limits were posted.
The fact that he took my license illegally (or at least against department policy)
No court date required clearly marked on the ticket (although I want one now)
And some city record that says I owed (and paid) $75, although they returned the check to me.
Any thoughts?
I've been in contact with the city attorney to get an all-out dismissal without a court date, but I'm not sure how successful this will be. I have a clean record with 5 years of driving with one minor infraction (warning for turning right on a green light when no right turn was posted).
Thanks! This just isn't right!
Previously posted:
--------------------------------------------------------------------------
Illinois Construction Zone - Ticket for 50 in a 55
Today I was driving my car with out-of-state plates through a small Illinois town/speed trap. The road was four lanes--one of which was closed in the direction that I was traveling. No workers were present. At the beginning of the construction zone, speed zone signs were posted at 35 mph (after going back and looking, these signs also had orange "work zone" signs posted above and below). I proceeded to drive down the highway and signs on both sides of the road were posted as first, 45 mph and then, 55 mph. These were apparently the regular speed limits, but were not covered and appeared new as if posted for the construction zone (though they didn't say work zone). 45 and 55 mph were not unreasonable for the unmanned construction zone. Approximately 2.5 miles after the posted 35 mph signs and 0.5-1.5 miles after the two other posted speeds, I was pulled over by the local police and given "local ordinance" infraction ticket for speeding at 50 in a 35. So...I have several questions.
I was not the only one to misinterpret this speed zone. As I drove back through twice at 32-34 mph to take pictures, I was passed on the shoulder once and honked at multiple times (by Illinois drivers).
1) Am I being unreasonable in expecting that construction zones should have regular speed signs covered and construction zones posted more than once in a 6 mile construction zone? Is there any legal basis to back me?
2) The officer said that the "local ordinance" infraction wouldn't go on my record, but I've got some trust issues with what he tells me. Is this the case?
3) If I decide not to plead guilty, it appears my only option is trial. However, I live hours away and the cost to return and fight this would be more than the cost of the ticket. Is there any way to fight an out-of-state ticket by other means than being present at a trial (i.e. a written appeal?)?
4) If I do decide to take this to trial and lose, would it be possible to get socked with the $400 ticket that I could have gotten for speeding in a work zone (how benevolent of him)?
Thanks for any help. The ticket isn't that much, but I hate to see an officer who is opportunistic at best and unethical at worst get away from this without at least having my say.