Legal Question in Traffic Law in Illinois

I received a no seat belt citation when in fact I was wearing my seat belt. I plead NOT GUILTY on my court date and requested a bench trial which will be about a month from now. There are several issues to this case...

1) I was wearing my seat belt when supposed violation occurred.

2) The police officer (Illinois State Police), was sitting on private property at a business parking lot which said property is for sale and I know to which permission has not been given for police use of the property.

3) The police officer followed me about 4 miles before pulling me over. In that time, I didn't commit any traffic offenses.

4) Despite seeing I was wearing my seat belt after pulling me over, the police officer still issued a no seat belt citation.

My questions are...

1) Can the police sit on private property if permission has not been given?

2) Can the police follow a vehicle for such a long distance after the supposed violation has occurred? I am still unsure why it would take such a distance over a supposed seat belt violation.

3) The police officer said he was running a seat belt check detail. Is he not required to use those bright orange signs that say SEAT BELT ENFORCEMENT ZONE? Also, these tend to have a spotter standing at the sign you radios other police officers ahead of which vehicles are approaching whose drivers are not wearing seat belts. Can the officer who cited me do this without the signs and by himself?

4) A traffic ticket in Illinois has a blue COURT COMMUNICATION copy and a yellow VIOLATOR copy. I was only given the blue COURT COMMUNICATION copy. Would this grounds for dismissal?


Asked on 8/30/10, 9:16 am

1 Answer from Attorneys
Purav Bhatt The Law Office of Purav Bhatt

You're right. There are many issues arising from your matter. It also sounds like you've got a good case for trial or to negotiate for a disposition. Saying that, I still recommend you hire an attorney to represent you. Some quick answers to your questions...

1) Yes, the officer can sit on certain private properties such as parking lots. This is because of the community care taking duty of the police.

2) The fact that the police followed you for such a long distance is an issue for trial that the finder of fact will use to help determine fault.

3) These issues are procedural and small. Only an extremely procedural minded judge would consider the error in notice as grounds for dismissal. It will depend.

feel free to call if you'd like to discuss your matter in greater detail and good luck

773-791-9682

Purav Bhatt

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Answered on 9/05/10, 11:43 am


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