Is there an on-line resource to get the IL statutes/vehicle code?

[Ulrich]

Last year, when I got my ticket, dietrichls was helping me with some legal research. Didn't find anything to help my case, but he mentioned that he came across a regulation that it is impermissible for police to use a radar gun within 500 feet of a speed limit sign.

Well, a friend of mine got pulled over yesterday, and after going back to the location today it would look that this section would apply. We just checked the road where he got pulled over and there are two speed signs (approx. 750 yards away from each other, so there is unfortunately no overlap of the zones). One could make a case that 1) when he was tagged he was within the 500 ft of one sign, and 2) the cop must have been within 500 ft of the second sign. So this argument and reference should lead to a dismissal of the ticket, no?

Now the question is, where can we get the exact reference to this statute, paragraph, subsection, etc so that he can quote it in court? Is there a website with a search facility?

Any other suggestions? Any experience with this argument? Anyone?

Thanks!

[Ulrich]

Answering my own question here (again with the help of dietrichls)...

Illinois Compiled Statutes/Vehicles/Illinois Vehicle Code


(625 ILCS 5/11-602)
Sec. 11-602. Alteration of limits by Department. Whenever the
Department determines, upon the basis of an engineering and traffic
investigation concerning any highway for which the Department has
maintenance responsibility, that a maximum speed limit prescribed in
Section 11-601 of this Chapter is greater or less than is reasonable or
safe with respect to the conditions found to exist at any intersection
or other place on such highway or along any part or zone thereof, the
Department shall determine and declare a reasonable and safe absolute
maximum speed limit applicable to such intersection or place, or along
such part or zone. However, such limit shall not exceed 65 miles per
hour, or 55 miles per hour for a second division vehicle designed or
used for the carrying of a gross weight of 8,001 pounds or more
(including the weight of the vehicle and maximum load), on a highway or
street which is especially designed for through traffic and to, from, or
over which owners of or persons having an interest in abutting property
or other persons have no right or easement, or only a limited right or
easement, of access, crossing, light, air, or view, and shall not exceed
55 miles per hour on any other highway. A limit so determined and
declared becomes effective, and suspends the applicability of the limit
prescribed in Section 11-601 of this Chapter, when appropriate signs
giving notice of the limit are erected at such intersection or other
place, or along such part or zone of the highway. Electronic
speed-detecting devices shall not be used within 500 feet beyond any
such sign in the direction of travel; if so used in violation hereof,
evidence obtained thereby shall be inadmissible in any prosecution for
speeding. However, nothing in this Section prohibits the use of such
electronic speed-detecting devices within 500 feet of a sign within a
special school speed zone indicating such zone, conforming to the
requirements of Section 11-605 of this Act, nor shall evidence obtained
thereby be inadmissible in any prosecution for speeding provided the use
of such device shall apply only to the enforcement of the speed limit in
such special school speed zone.
(Source: P.A. 89-444, eff. 1-25-96; 89-551, eff. 1-1-97.)


Now who can help me interprete this. Does this mean that

a) It doesn't matter where the cop is; he cannot tag me with radar as long as I am within 500 feet of a speed sign that I just passed?

or

b) The cop cannot be within 500 feet of a speed sign posted along the road?

or

c) All of the above.

Anyone? Buehler?

[Greg Stevens]

Ulrich, I interpret this to mean that the cop cannot use the device within 500 feet of the speed limit sign. And if the cop is within that range, it appears to me at least, that the ticket isn't valid...

Nice find!

But now you have to prove that the cop actually WAS where you say he was. I would back up your case with actual photographs of the location, but it may still be an uphill battle. Was the ticket issued in Chicago? If so, get a court date and go to it...plead not guilty if the cop isn't there. If he is, use this defense. I have plead not guilty when the cop isn't there so many times I can't remember...100% success rate!

[Ulrich]

Well, my gut feel would be that it doesn't matter where the cop was (inside or outside that zone) but rather where he claims the car was when he took the reading. So as long as the allegedly speeding car was within 500 feet of the sign, the reading should be inadmissable. Otherwise the cop could be parked at the 550 feet range and nail you just as you pass the sign.

So in this case all we'd have to prove is that the distance between the sign and the location where the cop turned around is 500 feet or less (cop must have nailed my friend from afar, waited for him in the turn lane and then followed him after my friend passed him).

This was in the suburbs, not the city. I would think that if you got the radar reading thrown out, the state would have no case anymore.

I really should go to law school.