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  1. #1
    Join Date
    Jun 2006
    Posts
    1

    Post Crossing a railroad while the gate was down

    After getting off a Chicago commuter train in Illinois, I walked down the block next to the tracks and got to the next railroad crossing. The train was still sitting in the same place because it was using the lift to let off someone in a wheelchair. The crossing that I was at ahead of the train had the gates down to stop traffic from going through. I went ahead and walked across, was seen by a female police officer on the other side, and was asked to stop. Another male officer down the road had also seen me do this and pulled up next to us and stated to go off on me. The female officer got my ID and started to write up my citation as the male officer was yelling at me for being stupid, and explaining that I would receive a $250 fine and 10 hours of community service. When it got to the point where the female officer had to write the section number for the violation, she looked and couldn't find it. So the male officer got in his car and started looking through his, then yelled over to her to write me up for 625 ILCS 5/11-1201. She must have misheard him, because she wrote down section 11-201 (which has nothing to do with any offense). I received the ticket and was let go on I-Bond, and told I was required to show for a mandatory court hearing. By the way, section 11-1201 deals only with "any person in a vehicle" illegally crossing a railroad. Do I have grounds to get this dismissed?

  2. #2
    Join Date
    Nov 2005
    Posts
    310

    Default Re: Crossing a railroad while the gate was down

    In my opinion you seem to have a good chance of having it dismissed. I would make my motion before the trial begins. You may want to seek out the prosecutor or district attorney before the trial to discuss dismissal, but do be careful what you say because the prosecutor may be able to use your words against you, just like the police can. And if things don't go your way, I would chalk it up to my observation that traffic court tends to be more about generating revenue than about justice.

    Good luck.

  3. #3
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Crossing a railroad while the gate was down

    And you also need to remember that if the prosecutor discovers that you were charged under the wrong section or statute, generally he/she would be permitted to amend the charge so long as it occurred before jeopardy attached. Or he/she could simply decline to prosecute that charge and refile the correct charge.

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