Radar evience case law in Illinois

[Tony Heard]

What is the name of your state (only U.S. law)? IllinoisI am going to court (in Illinois) to fight an ticket given to me for speeding, when I know and my passager knows that I wasnt speeding. The officer claims his radar picked me up as doing 54 in a 40 mph zone. I did a discovery request and found out that the officer only worked 5 days during the month and he issues 25 of the 49 tickets the whole department issued that month and that of the 5 tickets written on the day I recieved mine, 3 were for 54 in a 40 and 2 were for 53 in a 40. His radar training consisted of a certification from 1988. The manual for the radar gun used was printed in 2002. The only calibration done is by tuning forks at the beginning and end of the shift. I can not find the Illinois requirements for radar evidence. Is an annaul certification of the radar equipment and tuning forks required? By an independent certification authority? Is tuning fork testing at the beginning and end of the shift sufficient? Is the officer required to have training on the type of unit now in use? Should there have been additional training in the last 22 years? What is the case law or Illinois Code that I need to refer to? Thank you for your help.

[Tony Heard]

I want to add that myself and my witness knew 100% that I was not speeding and asked the officer if we could see the radar gun. The officer stated that it was his peronal policy not to show the radar. When asked why it was his personal policy, he stated "that would just open up a big can of worms". I know when challenging a speeding ticket in court, the judge will favor the officer's testimony over mine and my witness, so I know that I will have to prove that either the radar was in error, it was improperly operated, or the officer was mistaken. I dont know which it was, other than it was definitely wrong.

[GoIllini]

Hmmm. I think a lot of models of radar guns automatically print a readout. The officer isn't required to show you anything on the side of the highway- and probably won't due to safety concerns, but there might be a paper trail. Maybe it might be a good idea to check the model, see if it prints anything out automatically, and start digging.

Also, can you think back to where you were stopped and remember if there were any metal objects in the way or anything else moving at 54 mph?

Finally, don't forget about the engineering survey.

[Tony Heard]

He used a StalkerII SDR radar gun. The ticket was issued in town, on a US highway. I asked for an engineering study. The chief of police responded that it was a State highway and that I would have to get the engineering study from the State. My guess is that the town set the speed limits in town without doing the required engineering and accident studies. I think I can easily make my case because the radar gun had not been independently calibrated, but I don't know what case law or Illinois Code to hang my hat on.

[AdivceGiver]

Well one point you could make is the question: were you formally trained in the specific unit you used? And ask him if he is an expert in radar speed measuring devices (he'll say that they are all similar, which is not true).

Attacking his training is only 1 aspect to weaken their case. Once he testifies that he has received training in RADAR & he actually has not for the unit he used then ask him "did you not say that you received training in RADAR but now admit that it was not with this specific device?"

I would also do a FOIA request to ask for the invoices for radar units to see when the unit was purchased ... further evidence that his cert of training predated the unit's model manufacture (the date of the manual is not proof of when that model was actually in production).

The tickets he has given is interesting; it may sway a jury but I don't think it would sway a judge.

Calibration of RADAR is performed only by the tuning forks usually; read the manual.

Also, if the cop does not state that he used the RADAR unit per the manufacturer's instructions then he has issues with the reading obtained (even if he says every step the manufacturer says to do but does not actually state he followed the man. instructions then you should motion to strike his testimony).

Objections and requests to strike testimony is how you will win...then motion for acquittal after the state rests.

[Tony Heard]

Does the case law State of Connecticut v. Tomanelli (1966) apply in Illinois? In this case, the Supreme Court of Connecticut ruled that "outside influences may affect the accuracy of the recording by a police radar set sufficient to raise a doubt as to the reliability of the speed recorded." The court also stated that tuning forks must be proved to be accurate to be accepted as valid tests of a radar unit. It also required that he made tuning fork tests before and after the defendant's speed was recorded.

If this case applies to Illinois, am I correct to assume that to be admissable evidence, the tuning forks must be somehow proved to be accurate, such as requiring an independent qualified individual to certify the accuracy of the tuning fork?

Also, is tuning fork testing at the beginning and end of the shift sufficient to meet the requirement of before and after the defendant's speed was recorded? If it is required to be performed closer in time to the actual recording of speed, what case law specifically requires that?

[I_Got_Banned]

Highly doubtful that a 1966 Connecticut case would apply in Illinois... But you're free to try and make whatever argument you see fit.

What code section/statute were you cited for?

[Tony Heard]

Highly doubtful that a 1966 Connecticut case would apply in Illinois... But you're free to try and make whatever argument you see fit.

What code section/statute were you cited for?

This is exactly why I am asking.

I was cited for 625 ILCS 5/11-601(b) No person may drive a vehicle upon any highway of this State at a speed which is greater than the applicable statutory maximum speed limit established by paragraphs (c), (d), (e), (f) or (g) of this Section, by Section 11-605 or by a regulation or ordinance made under this Chapter.

[Tony Heard]

I was hopng this forum would actually be helpful and be able to answer my question.

[I_Got_Banned]

I actually did make an attempt to help in that I did search for some Illinois case law citations regarding the use of Radar. None of what I found would be material in your case. Also, the statute you were cited for does not make any mention of a "statutory 40mph speed limit", nor do the subsections listed therein. That leaves the "regulation or ordinance" part which means you would have to search through local (municipal/county) ordinances.

I was hopng this forum would actually be helpful and be able to answer my question.

Sometimes, you get what you pay for .

You might want to invest some time into either doing some research on your own or consult with an attorney who is local to you (some offer FREE consultations too but are more familiar with local rules and procedures).

[BOR]

Does the case law State of Connecticut v. Tomanelli (1966) apply in Illinois? In this case, the Supreme Court of Connecticut ruled that "outside influences may affect the accuracy of the recording by a police radar set sufficient to raise a doubt as to the reliability of the speed recorded." The court also stated that tuning forks must be proved to be accurate to be accepted as valid tests of a radar unit. It also required that he made tuning fork tests before and after the defendant's speed was recorded.

Foreign case law is not precedential in any way, however, if it is matter of "First impression", meaning it has never been litgated before, ANY case that supports you may help, yes.

Pay a vist to a library where they have the ILL laws, it does not have to be a law library, maybe the County Seat branch, or wherever.

After the section you were cited for, look it up, there will be Case law Annotations. See if any are on point, and who knows, you may find a case with the CT one cited?

[Tony Heard]

My court date is tomorrow. I just found out that although I had requested a jury trial, they set me up for a bench trial. I spoke with the State's Attorney and he stated that apparently the judge made an error, when he set it up for a bench trial. He said it could be rescheduled for this Thursday. Unfortunately for me, if it is this Thursday, then my witness will not be able to testify in my defense. Is this error grounds for a dismissal? If the case is rescheduled, it would be an undue hardship for me, as the courthouse is approximately 90 miles from where I live and I would have to take an additional day off of work. If it can't be dismissed, can I ask that we just go ahead with a bench trial, so I don't have to take another day off work and have my witness available?

[BOR]

A Procedural error is not generally grounds for a dismissal, unless it is highly prejudicial to your Due Process rights. However, you can always ask the court for a dismissal.

If the answer is no, then you have a right to request a continuance, as your case is not prepared due to thier error.

[I_Got_Banned]

... Update?

[Zigner]

... Update?

It was postponed to Thursday...