Speed limit question

[LawAbiding]

IL

I understand that with a traffic ticket that is defective on its face, one can make a motion at the start of trial to have the ticket dismissed on that basis. For example, officer’s name omitted, location omitted, defendant’s name omitted etc.

If a ticket is defective, but not on its face, for example a speed limit was cited that doesn’t exist, can a motion be made to have the ticket dismissed, and if so, at what point in the trial? At the start; after the prosecution’s witnesses testify?

Thank you.

 

[sukharev]

It depends. Before a better answer can be given, tell yus about the details, such as what was your speed and why do you think speed limit did not exist.

 

[LawAbiding]

It depends. Before a better answer can be given, tell yus about the details, such as what was your speed and why do you think speed limit did not exist.

Thanks for your reply.
I was ticketed for 52 in a "40 mph zone". The problem is that the street that was cited on the ticket has no 40 mph zone anywhere on it.

 

[sukharev]

It may be a statutory speed limit (no need to have a sign, applies anywhere on streets with certain description). Please post the statute you were charged with.

 

[OHgurl2002]

In your opening argument

I think that the best time to ask for the ticket to be dismissed will be in your opening argument. If it is denied, you may repeat the motion later, but response will likely be the same.

Also, the prosecutor may decide to either "amend" the ticket or dismiss it and have the officer issue you a new cite. Yes, this is legal, but depends on time limits.

My suggestion is talk to the prosecutor and see if you're offered a good deal.

 

[LawAbiding]

I think that the best time to ask for the ticket to be dismissed will be in your opening argument. If it is denied, you may repeat the motion later, but response will likely be the same.

Also, the prosecutor may decide to either "amend" the ticket or dismiss it and have the officer issue you a new cite. Yes, this is legal, but depends on time limits.

My suggestion is talk to the prosecutor and see if you're offered a good deal.

Interesting observations, thanks.

Here's how I see it.
If I ask that the ticket be dismissed before the officer testifies and the dismissal is denied, he will be sure to incorporate in his testimony changes that he wouldn't have otherwise made.

Also, talking to the prosecutor before the trial would more than likely have no beneficial effect (I know who the prosecutor is), and this would just tip him off to my defence.