Legal Question in Traffic Law in Illinois

Illegally detained and arrested.

A friend was stopped for speeding and issued a ticket for speeding and not wearing a seatbelt, even though she wasn't speeding and she was wearing a seatbelt. She asked the officer to show her proof of speeding which he did not do. He then arrested her, without reading her rights, saying that she had a warrant for not appearing in traffic court in 1989. She was taken to the police station, booked, and allowed to pay her own bond, and let go. She plans to go to court to fight the 2 tickets she was given. What will she have to do to prove her case. Nothing was said about the supposed warrant she was arrested for, because there was no warrant. Was the arrest legal? Can she do anything about the violation of her civil rights? Her uncle wanted to take the car she was driving, but the policeman would not let him, and had the car town away. Is this legal?


Asked on 7/10/03, 2:51 pm

2 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Illegally detained and arrested.

I can't tell how this relates to both Illinois and New Jersey law. However, it DOES sound like you need the services of a lawyer. I would encourage you to make an appointment with one as soon as possible. Good Luck

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Answered on 7/10/03, 5:55 pm
John Pinho John Pinho

Re: Illegally detained and arrested.

I read the last two responses to you they are of little help.I am going to assume that your girlfriend was stopped in New Jersey. I only practice in New Jersey and my answer is based on NJ law.

With respect to the warrant, the officer has a right to arrest you if you have an outstanding warrant. He has a right to transport you to the police station and process you and then accept the bail that has been set by the judge who originally issued the warrant. There is no violation of your civil rights unless the officer made up the warrant which is highly unlikely.

Once you post bail (on the warranted charge), you can enter a not guilty plea and fight that ticket on its merits. Your bail will be returned to you, once the charge is dismissed or you otherwise plea or are found guilty of the charge.

With respect to the speeding ticket, the officer either paced the vehicle (followed the vehicle) or used radar to determine its speed. You would need to obtain the discovery (documents in your case) in order to ascertain whether you have a viable defense to the ticket.

The seatbelt ticket is a monetary fine. At times, a person will remove their seatbelt when stopped and the officer will issue the summons because he thinks the person did not have their seatbelt on. You can explain the situation and the prosecutor and/or officer may be willing to dismiss that ticket.

If you would like to discuss this matter, or be represented by an attorney contact me at (973) 344-0808 for a free consultation. I have an office in Harrison, New Jersey and Newark, New JErsey. We can also be retained over the Internet.

visit our website at http://www.DaSilvaPinho.com/points.htm

for information on Points for Speeding violations

John M. Pinho

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Answered on 7/10/03, 6:14 pm


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