Legal Question in DUI Law in Illinois

Speeding, DUI, Reckless - Illinois
I was pulled over based on speeding and subsequently given the 3 above citations. He used radar to clock me at 54 in a 40. This was the basis for the stop. My question is that illinois law says that radar can not be used with in 500 feet beyond a speed limit sign. According to the ticket he was within this zone. The other issue is that this was not the first speed limit sign within this zone. The statute does not seem to indicate that this matters. Can I get the speeding ticket thrown out and all evidence after that excluded?

Asked on 12/29/07, 11:45 am

2 Answers from Attorneys

John Steele Steele Law Firm

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Re: Speeding, DUI, Reckless - Illinois

It is unlikely that you will get the other tickets thrown out for several reasons. First, even if you can prove the cop was within 500 feet (he might not agree with you, and then its your word against his), the statute says that the evidence of you speeding cannot be used against you for speeding. Since the cop isn't violating your constitutional rights by using a detector, he had good faith probable cause to stop you.

Second, Reckless driving can be, and usually is, based soley on what the officer observes, which means that is in. Since the officer had PC to stop you for reckless driving (which is REALLY easy to establish. All the cop has to say is you crossed one white dashed line in the road), the DUI was a result of that stop.

A better idea than trying to get out of this on technicalities, which will not work and just anger the court, have our firm, or another law firm, contact the prosecutor and see what charges can be dropped/reduced in exchange for certain classes, concessions on your part. Given the severity of DUI and its effect of your professional and personal life, you really need an attorney.

Answered on 12/30/07, 9:43 am

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