Sergeant Ness,
I need some advice. I received a speeding violation on Saturday in a commercial complex when I went to drop off a FedEx letter at the local depot in Cary Illinois. I was sited doing 43 in a 25mph zone. I log at least 22-25K miles per year and obey all traffic laws. My driving record is and has always been clean. I'm one of the few eople that I see each day who will actually come to a complete stop at a 4-way stop intersection. It's not the $$ I need to pay but the fact I was in a quite business complex and found myself going up an incline and going faster than I really should have. When I was pulled over by the officer, I was polite, provided the necessary ID's etc. He told me when I was leaving the complex and I proceeded up the hill that's when he recorded me @ 43mph. I know I have to accellerate up that specific hill but it's no excuse on my part to be at 43mph. I did appologize for not realizing in the complex there was such a 25mph zone, told him 2 of my best friends are police officers in New Jersey as he asked about the PBA Card I carried. He proceeded to issue the summons anyway.
My question is as I read the violation copy it didn't reflect my current address. All other info was filled out correctly but my street address was not correct. My Allstate insurance card indicates our current address. He did not record this on the violation. The actual address is my wifes relatives former home which my wife and kids lived at while I was still in NJ and moving my way out here. Can I get this ticket dismissed? If so, how do I do that? He did tell me the fine was $75 if I pleaded guilty, $105 if I went to driving school and no record of this violation would be recorded. Thanks for your insight.
Steven
Steven,
I'm sorry to hear that you received a citation, given your good driving record. However, this may have been dictated by the officer's department policy given the amount over the speed limit.
You are always entitled to go to court to contest a citation. However the incorrect address most likely will not get the ticket dismissed. I'm not sure if the officer got your old address from the computer record, or from the actual physical license itself. In Illinois, residents are required to update their address with the Secretary of State, however a new license may not be issued until the current one expires unless you request it. While the officer should ask you if your address is correct on the document, it is a simple matter for the State's Attorney to amend or correct it. The grounds to get a ticket dismissed or found "not guilty" would focus more on whether or not the speed zone was properly marked with speed limit signs, etc. If you elect to plead guilty, either through the mail or after appearing before the judge, you should ask for court supervision to keep the violation off of your record. The whole purpose of supervision is to give a good driver such as yourself a second chance to maintain your good record. Hope that information is helpful.
Randy
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