Legal Question in Traffic Law in Illinois

I got pulled over for doing 60 in a 45. The reason is because I passed a cop, however I know for a fact that I never got close to 60, the whole time I was doing 6-8 over. I saw the cop on the right following another car going 45 in a 50, where I passed him going around 55. About 3/4 of a mile later, he pulled me over. He asked why I passed him, I told him I'm pretty sure I was only going maybe 5 or 10 over and didn't think it was that big of a deal. He then says, "usually I don't write tickets for going 5 or 10 over, but I just don't know why you passed me, I'll be right back." He comes back with a ticket for going 60 in a 45, and the location he wrote is where he pulled me over, not where I passed him. My girlfriend was watching my speedometer, because she knew I passed a cop, and saw the same thing. On the ticket, under method, none of the boxes that have anything to do with radar are checked, the only box checked says "Marked" and I think it was because it was a marked car. Should I fight this?


Asked on 6/02/10, 10:49 am

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

I'll bet you dollars to donuts that you were pulled over in Du Page County. Aside from that, you will have to make a decision as to what it is worth to you to fight this: i.e., the cost of a lawyer, or paying your insurance company 20-30% more in insurance premiums if convicted. Let me know; I'm in the Du Page County Courthouse almost every day.

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Answered on 6/02/10, 2:22 pm


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