Legal Question in Traffic Law in Illinois
My Right to see the Radar Gun.....
I was recently pulled over and given a speeding ticket. I did not believe that I had been speeding, (13 mph over the limit), my radar detector did not go off, (it works quite well), I was in a line of cars, and the officer said he ''saw me gaining on the car in front of me.'' I asked, politely, to see his radar gun, to verify that he had clocked me going as fast as he said I was going, and he refused. Am I entitled to see his radar gun if he says he clocked me speeding? He told me he could refuse and that the court would have documentation of his radar gun readings. My car fits the ''fast and the Furious'' profile, and there has been a rash of officers pulling over cars fitting this profile, and laying down false tickets. I adimently believe I wasn't speeding, and I want to know if he had the right to deny my request to see his radar gun reading? Any help is appreciated.
St. Clair County
1 Answer from Attorneys
Re: My Right to see the Radar Gun.....
My understanding is that the officer does NOT have to show you his radar gun reading. If he did, what difference would it make? Don't you think that the officer could simply leave a speeder's reading on the gun and show it to everyone he pulled over? You certainly have the right to go to court and plead "not guilty". The case will be set for trial. At trial it will be your word against the word of the officer. Who do you think the judge is going to believe? Whether you were actually speeding or not, in most cases the best option available to you is to hire an attorney to negotiate a plea bargain under which you do not take a conviction on your record. Sure it will cost you some money up front in attorney's fees, and later in fines and court costs, but you will save a great deal of money in the long run in the nature of insurance premiums which have not been raised by your insurance carrier due to a conviction for speeding. If you are not already represented by legal counsel, I have handled more than a thousand such cases, and you may call me for a free telephone consultation at 314-727-2822.
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