How to win a speeding ticket with no limits posted

[dja4260]

Originally Posted By: NYSteve
For those of you ragging on this guy for going 70 in a "35" zone, this "street" is a 4 lane each way highway that turns into I-55 South a few miles from where he was. This is in no way the 35 mph zone that you are picturing in your head.


I agree. Everyone (including myself) does 60+ mph while LSD.

I actually didn't realize that its only a 35 mph zone. What a joke.

 

[bigmike]

The times I've been on LSD, I went about idle speed. It took about 4 horn honks to switch lanes.

 

[Nick R]

Originally Posted By: urchin
Originally Posted By: Da Game



1) Driving a rental car without Insurance... I presented the CP a copy of the contract which indicated that Insurance was on the vehicle. He said it was not valid.


Note how the OP doesn't explain why the officer states the car is considered NOT covered, why not? I am certain that the officer told in detail to the offender why it was considered that no valid insurance was in effect on the vehicle.



Quote:


2) Doing 70mph in a 35 zone... When I got on RT-41 Southbound at 57th Street (right hand turn) there was no sign posted for 7/8 of a mile the indicates what's the speed limit. Only when you get to 61 street is a sign posted that reads 35, which the CP was sitting there.


I don't believe this explanation either, because of the way he described the above.



Common sense should have told the OP that if speed limit is unmarked on a secondary road he should have slowed down significantly, ignorance of the law is no excuse.

Sorry but his screen name also tells me something about him. The judge would see it the same way.
Originally Posted By: urchin
The OP is "irresponsible" plain and simple.

Hopefully the judge will see that and after he challenges these citations in court they will add additional fines.

I think the OP is probably "young and dumb" or maybe not, but he needs to learn a lesson in using common sense and reason.


Oh please, stop with the holier than thou attitude. Answer me this, if you got what appears to be a HIGHWAY, with EIGHT (8!) lanes, without a posted limit, would you ASSUME that the speed limit is 35? If you answer yes, then you are so full of dung that it would be funny. The correct answer is no, you would probably assume at least 55mph, because in most states, if there is no posted limit, that is the speed. You can probably use that defense in court, albeit while also mentioning that you know ignorance of the law is no excuse. He clocked you doing 70, and you are sure you are doing 55?

Was it raining? A lot of radar detectors get thrown off in the rain, and they even state in their owners manual that any speed recorded in the rain is not to be trusted- I had a coworker have his speeding ticket thrown out because he looked up the model of radar gun they used, and printed out the page from the owners manual and showed it to the judge, who threw it out immediately.

There's no reason to be an horses rear end.

 

[opus1]

Couple of things need clearing up here. First off, LSD in the area of 61st & LSD is not 8 lanes. Here it is, or close to it since there is no actual intersection of 61st and LSD.

Farther north the road does widen when it approaches I-55, but here, if you're heading south (which is the 2-lane part of the road, next to the parkland), the road turns into South Shore Drive and becomes smaller, which is probably why the limit changes to 35 from 45. And, in Illinois at least, speed changes of 10mph or less don't require advance notice -- Which is probably why Officer Krupke was camped out at that spot. Second, the OP obviously read the Illinois driver's manual in his research, but stopped before he got to the part where the assumed speed limit in a "city/town areas" is 30 if it's not posted. I'm not going to argue semantics on whether this road would be considered a highway, but of the OP plans to argue this point, you should know that Chicago goes out to 138th street (although US 41 runs into Indiana around 106th street). In any event, I don't think that argument will fly since the reg says "MOST other highways" are assumed to be 55.

IMHO, if you don't antagonize the judge, you'll probably get everything but the speeding ticket bounced with out much trouble, but I think you're going to be stuck with the speeding ticket unless the cop either doesn't show or you can prove that the radar reading is not accurate. Like someone already said, the other tickets are probably there in case you do go to court. The Judge will have leeway to toss some tickets out without letting you off the hook completely.

 

[kasedian]

 

[Da Game]

I deal with the "Driving with out Insurance". In the state of Illinois this is what is said about Insurance Card.

Section 5/7-602; Every operator of a motor vehicle subject to section 7-601 of this code shall carry within the vehicle evidence of Insurance. The evidence shall be legible and sufficient to demonstrate that the motor vehicle currently is covered by liability Insurance policy as required under section 7-601 of this code and may include, but is not limited to the following.

(e) a current rental agreement.

5/7-601 Required liability Insurance policy.

(B) The following vehicles are exempt from the requirements of this section.

(3) Vehicles covered by a certificate of self-insurance under section 7-502 of this code.


5/7-502 Self-Insurers

Any person in whose name more than 25 motor vehicles are registered may qualify as a self-Insurer by obtaining a certificate of self-Insurance by the director of the department of Insurance as provided in this section.

All this was presented to the officer. He read it and said it was invalid. The rental contract was from Enterprise car rental, I just got the car Monday. It also had the dollar amount that I was paying per day for Insurance on the rental agreement.

The CP NEVER turned on his lights so the whole incident was never recorded. I was at the stop-light when he pulled up behind me and hand signaled me to turn right (still no lights)I used my TS and made the turn. If I was doing 70 like he said (which i was not) he would have came after me with lights on to record my speed on tape, which he did not. In Chicago when the squad car lights go on everything is recorded visually and audio, so that the courts can see.

The above sections I used is from the Illinois Vehicle code Book. Driving without Insurance is a hugh thing across the country, the fines here in Illinois are high. I made sure when I rented the car I paid extra for this. I have Ins for my other vehicles. I did notify my Ins company about this and they are confused also. I was told by them (my Ins) that Iwas covered also by them as a secondary Insurance since I had a policy with Enterprise.

Speeding, NO WAY was I doing 70! If the CP was trying to nail me for this he would have came after me with lights flashing to ensure the speed was being recorded. You guys would have.

 

[Da Game]

opus1, right about where that sign is (just before) is where the 35 sign is, 240 yards down is where cp was at. A block and a half is where you come off a left hand curve. Since you sig says you're from Chicago get on at 57th street (Musuem of Science and Industry) head SB.

 

[eljefino]

You need to subpoena any and all videotape and other evidence. You seem to be assuming there is not a video, and we don't know what policy the officer may or may not have been following.

The fact that you subpoenaed tape and none was provided will likely help you in court.

You don't know unless you try.

 

[Bladecutter]

I hate to ask, but isn't there a law that when you change from Highway A to Highway B, there has to be a Speed Regulation Sign within XXX distance of the interchange?

If there isn't, doesn't the law also state that the speed on Highway B then retains the Speed Limit you were subject to on Highway A?

That might be the better defense to look up.

If the OP came off of a 55 mph limit on Highway A, and got onto Highway B, with no speed limit sign within xxx distance of the entrance ramp, he would have made the assumption that Highway B was the same speed limit of Highway A up until the next visible Speed Limit sign.

Also, the officer can't charge you for doing over 35 mph until you pass that 35 mph Speed Limit Sign.

BC.

 

[Propflux01]

My question to the OP is are we gonna get an update on this when the court date comes around?

 

[Da Game]

The court date is Octorber, I'll let you guys know. I did find out that Route 41 is considered a "Intra-State HWY", it's maintained and operated by the city of Chicago and not the state of Illinois.

 

[Da Game]

Thursday was my court day for "Excessive speed" (70 in 35mph), well Brad suggested that I call Chicago Bar Association for help. I did and had three referals, two were priced a little high but I found one where the price was right for me. The city (Chicago) is trying to be fair in these times. What the city does is fine you or you pay court cost either way you'll pay the system. Times are rough for everyone (the city also ask when can you pay), I've seen seniors in court for driving without Insurance fine ($260), running a stop sign ($160). I figured that I'm gonna pay one way or another, well my turn came and it was kicked upstairs, because of the excessive speed (which I was warned) this happen. Well the Judge as he took his seat said "This court is for FELONY cases, if you don't have a Lawyer I recommend that you get one" well thanks to Brad I had one.

My Lawyer begins talking immediately with the States Attorney, after that we both go into the hall. These are my options ALL charges would be dropped and I pay court cost, I can try to fight the speeding ticket but because it's radar that will be hard to beat. Well I took the court cost and now begins the next story. Now I go before the Judge to answer a series of questions regarding my Guilty Plea, man that was hard to do.

Well now I ask to see what it costing me. I can now say, I'm paying for everything and employee in the goverment. Total $340.00 court cost, and this will not show on my driving record. I think what also helped my case was NO VIOLATIONS or Suspensions in over 10 years. So anybody in Chicago that needs a reasonably price Lawyer PM me.

Thanks 1Badmerc (Brad)!!!

 

[Propflux01]

Sounds like about the best compromise...

 

[doitmyself]

The court has you by your family jewels and they know it. It's called plea bargaining. They know the great expense of going to trial and figure that its better to just get "enough" out of you to pay their bills.

In the same sense, you are glad to have your record expunged and "just" pay a minor fee and be done with it. But, including your lawyer cost, not exactly minor.

Your good record did help, I'm sure. I once had a speeding ticket plea bargained down to faulty equipment(a complete lie by the court, and me, for accepting it). No record or points. I just paid a fee.

It boils down to being forced to not seek the truth, but rather cave in for self preservation. So much for truth and justice....assuming you are telling the truth. You can only imagine what kind of games and non-justice happens in more important cases.