Re: Cited for Speeding a Mile Before Being Pulled Over
Officer must be a little confused. There is no third part of 625 ILCS 5/11-601(b). That is from what I've read. Not worth arguing but still annoying. If you're going to charge someone- DO IT CORRECTLY.
Anyway: Its a speeding ticket. The other information you give is irrelevant. Focus at the task at hand. You are charged with 45 in a 30. The prosecution first has to prove that the speed limit at where you were determined to have been speeding (not at where you were stopped) was in fact 30 MPH. This means that the prosecution needs to prove the speed limit at a particular cross-street or block of highway 19. They're going to need testimony to establish this fact. So they bring in the officer.
If the officer says he determined you were speeding (or "clocked") at Dale + 19, then yes, it is proper to say 45 in a 30. On the contrary, if the officer says he determined you were speeding at Addison + 19, then the ticket reads incorrect and you are being charged incorrectly. The ticket should be 35 in a 45.
The difference between the two charges could be the difference between one or three points. Obviously you would rather take the one point. For that reason alone, it is worth the fight.
I look at it this way: If I was charged with Conspiracy to Commit Murder and all I did was run a red light, then I am being grossly overcharged; of course I would fight that. So why not ight the 5MPH difference?
Obviously, there's more of a difference between the felony I described and the simple infraction. It just goes to show that you were overcharged. So why not fight it?
IMHO- You've got nothing to lose by fighting it. If you look at the grand picture and you are still found guilty of 45 in a 35, then you save some odd $1000 a year in insurance over the 45 in a 30. But if you're lucky, the officer may not even show and you will receive a dismissal.
Moral of the story: Let the justice system work for you.
Besides, even if the officer does show, there's an entire list of things that the prosecution needs to prove your guilt.
"A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost