Gargantuen speeding ticket.

So I was driving my parents to the airport, and we were in a hurry. I was on a tollway (I90 in Illinois) and a cop got me for doing 82 in a 45 construction zone. The speed limit is normally 65.

I'm wondering what my fine/punishment will be. After looking stuff up, it looks like I'm in for a ticket near $1,000 and I may get my license suspended for 2-3 months.

I'm required to go to court, and I'm hoping that my punishment won't be so drastic. I do have somewhat of a good argument for speeding, although I'm positive it won't get me out with a warning; I'm hoping for a $365 ticket and no license suspension.

My arguments-
1) It was Sunday (no construction)
2) The highway was clear (barely any traffic, and anyone that was on the freeway was going just as fast as me)
3) This is my first ticket in Illinois.

What do you guys think? Do I stand a chance? Am I an idiot who deserves a $1,000 ticket and a suspended license? Let's hear your opinions/comments. I'd also like to hear from you if you have an idea of what I'm facing.

I don't know how they run things in Illinois, but here in California tickets are double in construction zones.

I would suggest looking up your vehicle code and reading what it is he wrote you up for. Sometimes you can argue your way out of it. Here in California, most cops will write speeders up for Maximum Speed Law (or something like that, can't remember exactly) and you can argue against it with Minimum Speed Law. The clear highway is a good case IF you can find it in your vehicle code something similar that uses that.

I will give more in depth detail when I get back from work (would do it now, but GMail is being slow and that's where the information is).

[quotea7848d0e3e="SkatingCrippled"]So I was driving my parents to the airport, and we were in a hurry. I was on a tollway (I90 in Illinois) and a cop got me for doing 82 in a 45 construction zone. The speed limit is normally 65.

I'm wondering what my fine/punishment will be. After looking stuff up, it looks like I'm in for a ticket near $1,000 and I may get my license suspended for 2-3 months.

I'm required to go to court, and I'm hoping that my punishment won't be so drastic. I do have somewhat of a good argument for speeding, although I'm positive it won't get me out with a warning; I'm hoping for a $365 ticket and no license suspension.

My arguments-
1) It was Sunday (no construction)
2) The highway was clear (barely any traffic, and anyone that was on the freeway was going just as fast as me)
3) This is my first ticket in Illinois.

What do you guys think? Do I stand a chance? Am I an idiot who deserves a $1,000 ticket and a suspended license? Let's hear your opinions/comments. I'd also like to hear from you if you have an idea of what I'm facing.[/quotea7848d0e3e]

If I were you, I would keep the argument to a minimum - from what you posted, you don't have a good reason for going 37 MPH over the posted speed limit - especially with it being a construction zone.

I would say admit to the speeding, say you weren't paying attention, and have learned your lesson, and will pay attention in the future. Arguments #1 and #2 would annoy me if I was a judge. Regardless of whether there was any construction that day, you would still have been speeding if it was posted 65 MPH still.

You're going to get hit with some kind of punishment, but I think if you just play it straight, you stand a better chance than arguing you don't deserve it.

^ yes.

admit to being guilty. Say you've been reprimanded by your parents. Mention that you are a student, and ask for a lower fine because you spend all you money on school.

Thanks for the input so far guys; I do appreciate it. I'm definitely not going to say that my reasons justified me for doing 37 over. I am just hoping that I can get through this without a suspended license.

Anyone here that has fought a speeding ticket in court? Care to share your experiences?

[quote44955dbc8f="CollidgeGraduit"]I would say admit to the speeding, say you weren't paying attention, and have learned your lesson, and will pay attention in the future. Arguments #1 and #2 would annoy me if I was a judge. Regardless of whether there was any construction that day, you would still have been speeding if it was posted 65 MPH still.[/quote44955dbc8f]

Not necessarily. I have no idea what the laws actually are in regards to that but if there was no construction his maximum penalty might be reduced quite a bit. There's a big difference between speeding 17 mph over the limit and 37 mph over the limit. In New York there is a big difference between whether you are going more than 20 mph over the limit or less.

But I would definitely find out if construction actually has to be present for it to be a construction zone before using that argument.

[quote3a94f99e83="ilanbg"][quote3a94f99e83="CollidgeGraduit"]I would say admit to the speeding, say you weren't paying attention, and have learned your lesson, and will pay attention in the future. Arguments #1 and #2 would annoy me if I was a judge. Regardless of whether there was any construction that day, you would still have been speeding if it was posted 65 MPH still.[/quote3a94f99e83]

Not necessarily. I have no idea what the laws actually are in regards to that but if there was no construction his maximum penalty might be reduced quite a bit. There's a big difference between speeding 17 mph over the limit and 37 mph over the limit. In New York there is a big difference between whether you are going more than 20 mph over the limit or less.

But I would definitely find out if construction actually has to be present for it to be a construction zone before using that argument.[/quote3a94f99e83]

Eh, had he been going 55 in the construction zone (when it was otherwise 65), that argument might stand. But even if the construction zone was still off, he was still speeding quite a bit. I think it would come off as trying to justify the speed, which isn't going to help.

I actually just went to metro court the other day for a speeding ticket (57 in a 45). Paid $59 in court fees and 8hrs community service since I've already done the traffic school for another ticket oops Some guy that was "racing on the highway" got like 20hrs CS. Depends on your county though.

[quotecad3e48e66="Twon"]^ yes.

admit to being guilty. Say you've been reprimanded by your parents. Mention that you are a student, and ask for a lower fine because you spend all you money on school.[/quotecad3e48e66]

That got me out of a pretty big incident I was in. As a practical joke me and my buddy "took" a whole bunch of lawn ornaments from various lawns. Well, turns out we took from one of the Chief Commissioners lawns and one thing led to another and 7 cop cars surrounded mine.

Long story short, I told the judge that I was a stupid student who didn't have any money and my parents had already given me a huge punishment. Everything worked out and it was expunged from my record!

Admit to it and say that not having your license would be more of a hassle on your parents than it would on you. Tell the judge that you had a lapse of judgement and that fine would just be sufficient. Can you get court supervision on that ticket? If so, go for it. Were you going to O'Hare? If so, explain taht you live 90 miles away and that you were just trying to cut some time lol.

NEVER EVER [bc213c9c6cb]EVER[/bc213c9c6cb] admit you are guilty no matter what the circumstances are!!

Their are plenty of ways the ticket could be dropped even if you are guilty. The cop might not show up to court, their could be lack of evidence, your case could get lost, the list goes on.. Theirs a slim chance that'll happen, but theirs always a chance it COULD happen.

Even if you you don't get lucky, you can ALWAYS plea bargain with the prosecutor and get your ticket dropped down. I know in New Jersey you have the option of getting a point based ticket down to an unsafe driving ticket, which carries no points, but a heftier fine. Basically you want to do anything you can to not get points on your license, even if it means paying more upfront because you'll just end up even more screwed if you get points.

Try and find some forums online that offer free legal advice, (theirs alot out there). Im not too sure how the laws are by you, but chances are you can do something about it.

The cop that wrote the ticket DOESN'T need to show up, anyone can be a proxy.

[quote08605e28ae="Quadracer89"]NEVER EVER [b08605e28ae]EVER[/b08605e28ae] admit you are guilty no matter what the circumstances are!! [/quote08605e28ae]
As a blanket statement, that is totally untrue. Judges aren't stupid, and will generally go much easier on you if you are contrite rather than insult them with a BS story, especially for an offense as minor as speeding. We're not talking a homicide charge here. It's a rare, rare case that anyone is ever "innocent" of speeding, especially to that degree.

[quote08605e28ae="tylerc"]The cop that wrote the ticket DOESN'T need to show up, anyone can be a proxy.[/quote08605e28ae]
Exactly. Not sure why folks still believe that old myth. It isn't an automatic dismissal just because the same cop doesn't show up in court.

He's 19 years old. If he shows up in court pleading guilty, the judge is going to rape him in fines every way possible. Trust me.. All cops and law enforcement looks at younger kids as easy targets because they dong expect us to know anything.

If you guys are honestly saying plea guilty and take the points and fine instead of doing a plea bargain with the prosecutor then your nuts.

Well, I bought myself a lawyer for the court appearance. This guy is actually a former states attorney.

It looks like I may be looking at a $400 some fine, with 6 months court supervision. This is a lot better than I imagined, so I'm hoping that this guy can dominate with his extravagant attorney skillz.

My court date is actually March 18th, so I'll update this thread then.

Again, thanks for the comments and suggestions.

[quote880ea0c54d="Quadracer89"]He's 19 years old. If he shows up in court pleading guilty, the judge is going to rape him in fines every way possible. Trust me.. All cops and law enforcement looks at younger kids as easy targets because they dong expect us to know anything.

If you guys are honestly saying plea guilty and take the points and fine instead of doing a plea bargain with the prosecutor then your nuts.[/quote880ea0c54d]

Pleading not guilty to going 82 in a 45 here is absolutely [b880ea0c54d][u880ea0c54d]idiotic[/u880ea0c54d][/b880ea0c54d]. The burden of proof in a civil suit is only a preponderance of the evidence- meaning the judge only needs to be 51% convinced that you are guilty. There's no arguing that maybe the cop misread the radar gun, or that he got the wrong car. Pleading not guilty in this situation would be an insult to the judge's intelligence, and that's not going to get you far at all.

Skatingcrippled - sounds like you've got a good plan. Best of luck.

[quote5697e725e6="Quadracer89"]NEVER EVER [b5697e725e6]EVER[/b5697e725e6] admit you are guilty no matter what the circumstances are!!

Their are plenty of ways the ticket could be dropped even if you are guilty. The cop might not show up to court, their could be lack of evidence, your case could get lost, the list goes on.. Theirs a slim chance that'll happen, but theirs always a chance it COULD happen.
[/quote5697e725e6]

hoping that the cop doesnt show up to court shouldnt be your only defense. If you had some good reason or something, then you could use the cop not showing up as a backup. I do believe that the cop has to show up, or else there is no witness against you. I doubt they could send a proxy to speak for them since any testimony of someone who is not present is heresy.

But going over 80 mph is probably not going to look good no matter what defense you have.

[quote372a7ebfcb="chewy"][quote372a7ebfcb="Quadracer89"]NEVER EVER [b372a7ebfcb]EVER[/b372a7ebfcb] admit you are guilty no matter what the circumstances are!!

Their are plenty of ways the ticket could be dropped even if you are guilty. The cop might not show up to court, their could be lack of evidence, your case could get lost, the list goes on.. Theirs a slim chance that'll happen, but theirs always a chance it COULD happen.
[/quote372a7ebfcb]

hoping that the cop doesnt show up to court shouldnt be your only defense. If you had some good reason or something, then you could use the cop not showing up as a backup. I do believe that the cop has to show up, or else there is no witness against you. I doubt they could send a proxy to speak for them since any testimony of someone who is not present is heresy.

But going over 80 mph is probably not going to look good no matter what defense you have.[/quote372a7ebfcb]

In Michigan at least, the officer does not have to show up if there's already a strong case against the defendant.

In many jurisdictions, the cop does NOT have to show up. It used to be more common, but not anymore. It may give you better odds at beating or reducing the ticket, but is in no way an automatic dismissal like some people assume. In some places they can send a representative like another cop or the dept/city attorney, or just a written statement. It's up to the judge.

That said, often the cops DO show up even when they don't have to. I went to traffic court twice with my oldest son when he did some stupid stuff. Both times his case was near the end of the docket, so we sat through 2-3 hours worth of other cases. In every case that I recall, the cop WAS there.

Planning your entire defense around the cop not showing would be a risky gamble. And just not necessary. My advice remains to fess up, be contrite, embarrassed, profusely apologetic, etc. and move on. Or be a smart-ass and try to beat the cops & judge at their own game, but I like my odds better.

[quotee0e2ad58e0="dmorris68"]In many jurisdictions, the cop does NOT have to show up. It used to be more common, but not anymore. It may give you better odds at beating or reducing the ticket, but is in no way an automatic dismissal like some people assume. In some places they can send a representative like another cop or the dept/city attorney, or just a written statement. It's up to the judge.

That said, often the cops DO show up even when they don't have to. I went to traffic court twice with my oldest son when he did some stupid stuff. Both times his case was near the end of the docket, so we sat through 2-3 hours worth of other cases. In every case that I recall, the cop WAS there.

Planning your entire defense around the cop not showing would be a risky gamble. And just not necessary. My advice remains to fess up, be contrite, embarrassed, profusely apologetic, etc. and move on. Or be a smart-ass and try to beat the cops & judge at their own game, but I like my odds better.[/quotee0e2ad58e0]

I agree with you, and that's why I got a lawyer. I'm not looking to deny what I did; I'm looking to get the weakest punishment possible--$400 some ticket and 6-12 months court supervision.

Illinois is cracking down on drivers under the age of 21. You get two convictions and you get a suspended license.

SkatingCrippled, please, ask your lawyer if you should plea guilty or not. roll

I cant believe you people? Pleading guilty will give you the MAXIMUM penalty! Ive had my fair share with the court systems and cops. I had a lawyer and have taken criminal justice classes and everyone has always advised to plea not guilty!

The judge isn't going to look at him any different because he "lied" to him and said he wasn't guilty roll . He wont take it on a personal level guys.

Always plea not guilty because you always have the option of plea bargaining with the prosecutor and reduce your fine.

[quote382997c876="Quadracer89"]SkatingCrippled, please, ask your lawyer if you should plea guilty or not. roll

I cant believe you people? Pleading guilty will give you the MAXIMUM penalty! Ive had my fair share with the court systems and cops. I had a lawyer and have taken criminal justice classes and everyone has always advised to plea not guilty!

The judge isn't going to look at him any different because he "lied" to him and said he wasn't guilty roll . He wont take it on a personal level guys.

Always plea not guilty because you always have the option of plea bargaining with the prosecutor and reduce your fine.[/quote382997c876]

That's exactly what I'm doing. I'm not pleading guilty right off the bat, but I'm also not going to blatantly deny that I was going fast. I'm pleading not guilty at the first showing, and then bargaining with the prosecutor. If we don't get a satisfactory outcome through that, then we will go on to "stage 2."

You should plea not guilty and get a trial date.

At court, do the following

Mention that you've been typically a safe driver.

Mention that you didn't see any construction personel and it was Sunday, so you didn't take the caution you would typically take in a construction zone.

Mention that you found it odd that you were cited for going so fast, when you don't think you would have gone faster than 75 (this may be fought against you if the officer has a statement from you where you admitted during the citation that you were going the speed you're accused of going).

Some have supposedly had a ticket forgotten about because the deposition was pushed so far into the future (clerical error).

If the cop gives you a hefty fine, request a safe driver course in lieu of the fine/points, and explain your financial circumstances. These usually run $75ish (around me) and the initiative might show the judge you will benefit more from this as a driver.

And dress nicely.