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How to Deal with Illinois Absolute Speed Limit Laws

Posted by on in Traffic Violations
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Illinois traffic attorney, Illinois defense lawyerSpeeding happens, whether we admit it to ourselves or not. If you have been driving for any length of time, you have probably gone over the speed limit at least one time, be it from lack of foot control with a distraction, stress caused by being in a rush, or a need for speed. Most days, if we catch ourselves fast enough, we can correct the behavior without any dire consequences. Occasionally, we do not realize the issue until it is too late when an officer gladly tells us of our error in judgment. Whether this is your first ticket or you have had several, one fact is always the same; the Illinois absolute speed limit is law.

Absolute Speed Limit Explanation

Most states, including Illinois, have what is known as an “absolute” speed limit law. There is no trick to understanding this theory: to go over the posted limit by even one mile per hour is in direct violation of the law. These laws are a bit harsher than other states that have a “presumed” speed limit law, where there is some maneuverability with the law in that you are within your legal rights if you can prove that the speed in which you were traveling was the safest for the road conditions at the time. Unfortunately, your intent to break the law makes no matter in court; the prosecution must simply prove you were driving faster than the posted limit, not that you meant to.

All Is Not Lost

Approximately 25% of speeding tickets issued each year are done so in error, but only 5% fight the citation. Although it requires some finesse to create a credible defense in an absolute speed limit case, it is not impossible. There are viable arguments that may be available to you dependent on your case. One example includes usage of the “basic” speed limit law, in which you were driving at a speed that was reasonable and proper given the current traffic conditions. A few steps you can take to improve the outlook of your case, include:

  • Write down everything from the time of the stop, such as traffic flow, roadway signs, road and weather conditions, and witnesses.
  • Use proper manners at the stop by turning on the overhead light with the window down, remaining polite, keeping hands on the steering wheel, and answering questions without incriminating yourself.
  • Request to see the laser or radar gun, if possible, or at the very least make a mental note of the description of the equipment such as the manufacturer or model number.
  • Verify that the officer included the model name and number on the citation instead of leaving the field blank.
  • Take photographs and video of the area with your phone to prove conditions.
  • Get an attorney.

You Need Backup

The police have not only a better knowledge of the law than the average person on the street, but they also know and understand loopholes and have the backup of government funds to prove their case. Do not let them throw their weight against you without having the backup for yourself. Speeding tickets and fines become excessive and can weigh heavily on the future of you and your family. If you have questions about your case, contact a Wheaton, IL speeding defense attorney by calling Myers Law LLC today. We proudly offer a complimentary initial consultation to those with questions. Call today at (844) 9-THE-LAW.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-601

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-601.5.htm

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&ChapterID=49&SeqStart=116500000&SeqEnd=118000000

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