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  1. #1
    Join Date
    May 2009
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    Zion, IL
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    Default Illinois Avoiding Traffic Control Device Statute

    My question involves a traffic ticket from the state of: Illinois

    Anyone know the exact statute for avoiding a traffic control device in Waukegan, Il?

  2. #2
    Join Date
    Dec 2004
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    Seattle
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    How about 625 ILCS 5/11‑305 (b):
    Quote Quoting 624 ILCS 5/11-305
    (b) It is unlawful for any person to leave the roadway and travel across private property to avoid an official traffic control device.
    Barry
    Where am I going? And why am I in this handbasket?

  3. #3
    Join Date
    May 2009
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    Zion, IL
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    Thanks,

    The numbers the officer wrote on my ticket are 21.75(b). Wonder if that is the local ordinance number. Also wonder if a road that goes through a City Park and has a street name (and there is a sign posted with the name at both ends) considered private property?

  4. #4
    Join Date
    Dec 2004
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    Seattle
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    The Waukegan Ordinance you reference has NOTHING to do with Avoiding a Traffic Control Device. It is an ordinance that prohibits Right Turns on Red at various intersections. Specifically, 21-75 (b) states:
    Quote Quoting 21-75
    (b) The following intersections are no turn on red intersections during the hours of 7:00 a.m. to 4:00 p.m. Monday through Friday, as indicated:
    Butrick and Washington, north, south, east and west. (Ord. No. 73-O-148; Ord. No. 82-O-111)
    Clayton and County, north and west. (Ord. No. 73-O-148; Ord. No. 82-O-111)
    Franklin and North, north and south. (Ord. No. 73-O-148; Ord. No. 82-O-111)
    Glen Flora and Jackson, north, south, east and west. (Ord. No. 73-O-148; Ord. No. 82-O-111)
    Glen Rock and Jackson, south and east. (Ord. No. 77-O-139; Ord. No. 82-O-111)
    Jackson and Washington, north, south, east and west. (Ord. No. 73-O-148; Ord. No. 82-O-111)
    So, either you've been charged with the wrong ordinance, or you are mistaken as to the nature of the infraction.

    Barry
    Where am I going? And why am I in this handbasket?

  5. #5
    Join Date
    May 2009
    Location
    Zion, IL
    Posts
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    Well, I am looking at my ticket as I type this. On the line labled Nature of Offense: is written 21.75(b) [or 25-75(b)] and the next line says Avoided Traffic Control.

    Could you provide me with where you got that information as I think that would help when I fight this.

    Oh and this wasn't even near any of those listed intersections either.

  6. #6
    Join Date
    Dec 2004
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    Seattle
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    Sounds like he/she meant to say, "Disobeying a traffic control device", not "avoiding". That may work if the court does not allow the description to be amended, assuming the officer shows up and catches the error.

    You can find ALL ordinances for Waukegan here.

    Barry
    Where am I going? And why am I in this handbasket?

  7. #7
    Join Date
    May 2009
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    Zion, IL
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    According to the link you provided 21-7(b) states:

    It is unlawful for any person to leave the roadway and travel across private property to avoid an official traffic-control device.

    So the ordinance is the correct one. Guess I'll just have to try and convince the judge that a named road through a city park (during normal hours) isn't private property, or at least a reasonable citizen wouldn't think it was.

  8. #8
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    Zion, IL
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    Okay, now I'm all confused. I left my ticket at home and thought I had typed what I had read but am all confused now. I'll have to double check the numbers when I get home.

    Thanks for the link though.

  9. #9
    Join Date
    May 2009
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    Zion, IL
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    Okay, head is firmly not in any orifice it shouldn't be in... Officer did write 21-75(b). With any luck that will make a difference.

  10. #10
    Join Date
    Dec 2004
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    Seattle
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    Default Re: Illinois Avoiding Traffic Control Device Statute

    It would make a WORLD of difference in WA, but I don't know about IL. In WA there is a REQUIREMENT that the citation contain the statute you are being charged with. The WRONG statute is grounds for dismissal.

    Barry
    Where am I going? And why am I in this handbasket?

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