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  1. #1
    Join Date
    Jul 2010
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    2

    Default Radar Speeding Ticket Defense

    My question involves a speeding ticket from the State of: IL

    HI,

    I got a speeding ticket for going 39 in a 25 zone by use of radar. It is my first ticket out of my 15 years of driving. Illinois traffic law seems to be more strict than any other state when it comes to beating a speeding ticket because I can't find a defense. I am not sure of my speed but, I do know that I would never go that fast driving in a neighborhood over some railroad tracks at that. My trial is in less than a week and I didn't know that I could file for discovery so, I didn't do that. Can I just ask for the information after all it is prosecutions responsibility to provide foundation? What do I do?

    Someone please, help me, I am really worried and would appreciate honest help.

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Radar Speeding Ticket Defense

    Try exploring whether you can get information about the radar unit and its maintenance records under your state's FOIA laws. You've waited until the last minute, so time's not on your side. Frankly, though, trying to find a technicality to get out of a ticket is something of a long shot even when you're timely with a discovery request.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Radar Speeding Ticket Defense

    An Illinois technical point from posting (http://www.expertlaw.com/forums/show...php?t=104235):


    Generally, a ticket is not a true complaint. But when you pleas guilty/not guilty, you basically agree that it is.

    I know that Illinois (http://www.scribd.com/doc/32822372/M...fied-Complaint) and Connecticut (see prac. book 36-11) you can demand a proper complaint to be written by the DA (CT & IL are criminal cases for speeding I think).

    Has anyone done this & any results to report? I would think that these type of requests are pre-pleading motions ... so u would need to do the requests or motion prior to pleading non guilty.


    Being from DuPage County (10 yrs ago), I have had my share of traffic tickets in Illinois (contested every one -- lost 1 or 2 out of 20 or so over the years). Never used this avenue though ..... you should file this with the DA ASAP before your hearing date. Then when you go to court, tell the court to continue the plea entry until you get the information as of right now, you do not understand the charges you are being charged with (technically, a judge cannot accept an uninformed plea).

    Start with discovery: production of documents & FOIA requests: to police asking for devices's manual some things can be asked for both with a FOIA & discovery

    Make sure that the signage meets the legal requirements (manual of uniform traffic control devices) .. this is another affirmative defense.

    You will need to prepare ... have a list of questions written down for the officer.

    I would also object to any calibration certificate being entered into evidence (objections should be spoken when the item/testimony is brought up, immediately .. just say .. objection your honor ... he'll say go ahead & listen to you and then the prosectutor & make a quick ruling ... I generally dont argue on the objection past that point on that single objection). And (I know some folks dont like this argument but it has been shown to be effective in that state DAs are fearful of having a judge actually rule as they did in Melendez-Diaz v. State of Mass's SCOTUS opinion of 2008).

    Find & Read the following case:
    2010 Haw. LEXIS 47,*
    STATE OF HAWAI'I, Respondent/Plaintiff-Appellee, v. ZACHARIAH I. FITZWA
    Petitioner/Defendant-Appellant.
    NO. 28584
    SUPREME COURT OF HAWAI'I
    2010 Haw. LEXIS 47
    March 3, 2010, Decided

    The HI case is very good at examining the term "foundation" when it comes to evidence being introduced at court.

    Any document or statements that could be considered conclusions (ie I saw the defendant speeding) should be objected to in respect to a lack of foundation.

    You need to ask for a continuance ... if you could file with the DA (you can file copies with the clerk too if you wish) discovery the judge will allow it as you can say "I served the DA with discovery & am waiting for a response" as well as FOIA requests as well as the need for an information (dont let them bully you on the information - simply state that the statues allow you to request one & that is what you want and it is required prior to pleading). You can simply say "I would like a ruling on my request for an information ... I have filed it and both parties deserve the court to rule on it"

    You can file mulitple discovery & FOIA requests so dont worry about the first set being perfect .. throw something together and get it out to the parties.

    The information request must be correct the first time .. I would just copy the verbage on the linked page.

    I would also check with www.lexis.com (you can get a free acct that lets you look up court opinions) and see if you can ask yourself questions/defense theories and check to see if any have been successful recently.

    I have never had an IL judge refuse a first or second request for a continuance (and not even with a third if I had a good reason).

    So, get ready for a long process .... to do it right might take a couple of months & some aggrivation (the DA likely will not comply with any discovery or at least try to limit it).

  4. #4
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Radar Speeding Ticket Defense

    Thank you, I appreciate your help

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