Legal Question in Traffic Law in Illinois

Subpoena Infor

I recieved a speeding ticket and I want to know if IL requires that you need to subpoena the officer who wrote me the ticket and if you need to subpoena all information so the Prosecutor has them upon trial, I'm pleding not guilty and I requested the Engineering speed survey for the location of the ticket it hasn't been done since 1996.

Please let me know if I need to subpoena the information and to whoem I will send this to.


Asked on 4/01/08, 10:34 pm

1 Answer from Attorneys

Jonathan Cohen Shestokas, Raines, & Malavia, P.C.

Re: Subpoena Infor

As a general rule, you need to subpoena any documents or witnesses that you intend to use or call at trial. Often, the state will subpoeana the arresting officer to testify at trial; the arresting officer's testimony is usually required for the state to prove you guilty of speeding beyond a reasonable doubt. It is doubtful that the state would need to subpoena any other records or witnesses to prove its case.

Accordingly, if you want additional reports or the testimony of any witnesses not already being subpoenaed by the state, you would need to send out the subpoeanas.

As far as to whom you would send a subpoeana to get the engineering speed survey for a particular location, I'm not sure. That information may be in the possession of the city or county where the road is located. It may also be in the possession of a construction or engineering firm responsible for the area in question.

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Answered on 4/02/08, 2:44 pm


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