Legal Question in Criminal Law in Illinois
ticket for 102mph, but cars governor stops at 94?
I was coming home from work and saw some lights in my rear view. The police man came up and said get out of the car, put your hands on my hood. He said I was going over 40 mph over the speed limit and it was the same level of a crime as a DUI and I could go to jail. He then cuffed me and searched me and my car. Everything was clean, so he uncuffed me and let me go back to my car. When he came back with the ticket I asked him how fast I was going, he said when he clocked me I was going 94 and by the time he got up to me I was going 102. I told him that was funny because my car only goes up to 94 and has a governor from the factory that does not allow it to go faster. He said ''well....my gun is calibrated'' When I arrived home I noticed the ticket says ''speeding 40 or more over the posted speed limit (102 in a 55 mph zone)'' also says ''paced .5 mile equadraint(radar verified)'' 1. shouldn't the ticket be written for the amount I was clocked for...94mph 2. my 1998 gmc truck does not go up to 102 mph, it is impossible. The governor kicks in at 94 mph and even if you floor it, will not go faster.
2 Answers from Attorneys
Re: ticket for 102mph, but cars governor stops at 94?
If your defense is that you were doing 94, and the cop is lying when he says you were doing 102 mph, you lose. Doing 40 mph over the speed limit is a Class A misdomeanor, and is you can get up to 364 days in Cook County Jail and up to $2,500.00, fine, or a combination of both. Please call for a free consultation.
Re: ticket for 102mph, but cars governor stops at 94?
There is a big difference between 94 and 102, since 94 is 39 miles over. 40 mph over the limit is a Class A midemeanor and must be proved beyond a reasonable doubt, unlike a regular speeding ticket. If you have proper documentation that is admissible regarding your truck, it can raise reasonable doubt regarding your top speed, and potentially lead to a not guilty of the misdemeanor. If you have further questions reply by e-mail or get the number off the attorney information page and call.
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