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IL Traffic Citation - 38 in a 35 MPH Zone

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  • IL Traffic Citation - 38 in a 35 MPH Zone

    I'm new to the forums, but I have a question I would like to post to those of you in the law enforcement community.

    Should there be a grace area for speeding (say 1-5 MPH over the speed limit)? Do you normally allow some leeway for speed offenses?

    Background: I was cited on Monday (08/15) for speeding. FYI:
    I.V.C. 625 ILCS5/: 11-601(b) SPEEDING "38" MPH IN A "35" MPH ZONE

    I was coming into a rural IL community and was stopped about 1/2 mile into the town by an IL State Police trooper. The trooper asked my what my hurry was and then asked me if I knew how fast I was going. Jokingly, I told him that I was probably doing 39 or 40 (I didn't expect a few MPH over the limit to be a citation), and then he tells me I was clocked at 38 MPH in a 35 MPH zone. He proceeded to inform me that this would be a citation today. Under the "Incident Notations," he marked "admitted doing 40." Method was marked "Radar" for speed enforcement on the citation.

    When he brought the citation back, I asked him if the ticket wasn't a bit absurd and he told me that the traffic death toll was way up in the area and pressure was being put on the district commander to get people to slow down in that area. He then told me that I could appear in court if I wish to contest the ticket, etc.

    I'm not disputing the fact that I was speeding, but isn't this amount (3 MPH over!!) a bit ridiculous? Do you think it is remotely possible to still contest the ticket on the grounds that there are differences between speedometer and radar or go to court, pay the fine ($75 plus court costs) and ask for the supervision of the court (aka diversion)?

    I am 24 years old and this is my first moving violation in 9 years of being a licensed driver. I have a friend who is a police officer and he informed me that the judge may drop the ticket for less than 5 MPH over the limit (no one in their department even gets out of the car for less than 6 MPH over), but since I did admit guilt that could change the outcome. I've had many, many different opinions on the issue by everone from two police officers to just Joe citizens. Any suggestions? I figured I would get some input from the "horses mouth" so to speak.

    Peace,

    JLR80

    Note: I did not disrespect this officer in any way, nor was I impolite or uncooperative as one might assume given the nature of the ticket. I do some part-time work with a communications company that performs two-way radio, siren, and equipment installs for numerous police agencies. I've worked with many police officers through this business and you all have my utmost respect and gratitude!
    Last edited by JLR80; 08-18-2005, 03:22 PM.

  • #2
    Getting written for 3 over seems a little chicken$hit to me. Its possible for a speedometer to 3 MPH off. We get brand new patrol cars that are +/-3 all the time. If its more than 3 MPH off we send them to the shop for new speedometers. As a radar instructor, I can tell you its doubtfull the radar was off 3 MPH. The calibration report we receive from Michigan State University with our radar units say +/- 1 MPH.

    Could be that the powers to be in the area are pressuring the troopers to write more tickets. I have known guys that will write tickets for minor violations when the bosses start threatening them with negative comments on their evals. This is done with the hope that it will increase citizen complaints about the enforcement and thus increase the workload of the supervisors in the office. Its kinda like, they play their games and we play ours. Maybe you fell victim to this unfortunate situation.
    Last edited by PTI; 08-18-2005, 03:40 PM.
    Cowboys in town. Trouble expected.

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    • #3
      38 in a 35 ?????????????????? Is this joke ???
      I have been a Certfied Radar Instructor since the late 70's.
      Any judge here would pitch that at once.

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      • #4
        I don't start writing until at least 10 over. Anything less is just kind of chicken to me.

        I would ask about defensive driving. Generally the ticket doesn't count against your driving record and you usually get a break on your car insurance.
        RADAR is the 8th wonder of the world.

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        • #5
          The only times I have heard of anyone getting a ticket for something like that is when they gave the officer who pulled them over a monstrous ration of ****.

          What did you say to the officer?
          Cogito ergo summopere periculosus.

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          • #6
            Originally posted by mobrien316
            The only times I have heard of anyone getting a ticket for something like that is when they gave the officer who pulled them over a monstrous ration of ****.

            What did you say to the officer?
            I know better than to do something like this...I'm not that dumb (no offense). I was shocked when he told me it would be a citation instead of a warning, the only thing I said that could have been even remotely questioning his authority was asking him if the citation (being 3 MPH over) was "absurd" (exact word used). He was extreemly professional, but informed me that the traffic death toll in that county was up and that the district post commander was putting pressure on the officers to get folks to slow down in the area. I think he may of felt somewhat embarassed about writing the ticket, but he made it sound as if he had no choice in the matter. I dunno, I'm torn between challenging the ticket or just forking out the casholla and asking for a diversion. I was speeding, I admitted to speeding and he noted that on the citation - I'm not going to deny that. One of the two police officers that I know personally and whom I spoke with about this ticket has informed me that the troopers are trained to ask leading questions like this to guarantee a conviction, so it's never a wise idea to admit any gault.

            I figure I'm screwed either way, and I can't afford to miss time off of work to run to court appearances (we're alloted two personal days per school year).
            Last edited by JLR80; 08-18-2005, 03:58 PM.

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            • #7
              I'm not disputing the fact that I was speeding, but isn't this amount (3 MPH over!!) a bit ridiculous?
              I'm going to have to disagree with you here. That's definately not a bit ridiculous.....it's absolutely ludicrous!!

              I know I know....it's different out west where people actually do get pulled over for 6+ over the limit, but come on already. As I've stated numerous times unless I'm just looking to investigate a car for something I won't be stopping a speeder until they're going 15+ over the limit. I wouldn't even be able to keep a straight face telling someone I pulled them over for 3mph over the limit. What a joke.

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              • #8
                On a certian strech of road, the mayor told us to start writing at 5 over. The entire dept allows 15+. I think we went down to 13+. You could have easily argued a spedomoter diference, but you stated you were doing 40. Try a diversion, and in the future avoid that road, I would hate for you to get ticket for 1 over

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                • #9
                  Not to give any tips for speeders in northern Pittsburgh area but we dont stop until 20 OVER. Unless circumstances dictate otherwise. PA law specifically says a person cant be convicted of less than 10 over in a 25 or higher and 6 over in a 25 or lower zone, that usually a school zone.
                  I usually stop for 20 over. We in PA dont have RADAR 'ceot the State, the guvner might sing someting into law allowing local police to use radar but the STOPWATCH works well for ME.
                  I got nothing for now

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                  • #10
                    I have noticed something on Texas DL returns that speeding now shows if the violation was for 10 % above or below the limit. I think this is because the troopers have been known to write for less than 10 over.

                    I have been known to stop folks for going 7 or 8 over in a school zone, but I won't write them. The city attorney won't even take a case unless its for at least 10 over.
                    RADAR is the 8th wonder of the world.

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                    • #11
                      Originally posted by Evnings
                      I have noticed something on Texas DL returns that speeding now shows if the violation was for 10 % above or below the limit. I think this is because the troopers have been known to write for less than 10 over.

                      I have been known to stop folks for going 7 or 8 over in a school zone, but I won't write them. The city attorney won't even take a case unless its for at least 10 over.
                      our city judge would through them out if they were not for 10 or above, state wont assess pts for under 10, so he wouldnt try them.
                      but as far as troopers doing it, well, think back to the academy, when you got to speeds around normal hwy driving, 5 mph made a difference in you reaction and ability to control the car. most trps start writting at 6 or 7 over, and when you are in a 55, 65 or 70 zone, 5 mph makes a difference.

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                      • #12
                        I pull them for 15 write after 20, but thats if they are controling the speed, if its radical or dangerous then they would be stopped for 5 for that matter, but prolly a warning
                        Why do we try so Hard for Little things, and so Little for Hard things?

                        "There is no happiness without tears; no life without death. Beware, I will give you cause to weep"

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                        • #13
                          PIMPY. That's all I have to say.

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                          • #14
                            38 in 35MPH Zone

                            Don't guess it really matters if I would have stopped you for 3MPH over posted, let alone, written you,( I wouldn't have), it seems my colleague in Illinois did. That's the reality you have to deal with. You have two choices: Pay the citation, or fight it.

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                            • #15
                              I have a friend that is an Ill State Trooper. He has warned me when I visit his state that it is an exact speed state, which means they can write you for anything over the posted limit. Most troopers don't, but you stated that the trooper that stopped you said the traffic death toll was up so that might be a reason why you were not let off. Here unless it was a school zone we don't write you unless it's 10 over or you have attitude.

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