Warning ticket...should I have questioned it?

[dsrtdukone]

I was traveling eastbound on Interstate 80 through Illinois at 9:00 a.m. yesterday morning. I was driving my vehicle with Ohio license plates. Visibility was great, and the traffic was very light. I had my cruise control set at 65 MPH (the posted maximum speed limit on this stretch of road). About half-way up a small incline, I signaled and moved to the left lane to pass a slower moving tractor trailer that was in the right lane. As I passed him and crested the incline, I noticed a police cruiser traveling westbound. I checked my speed with both my vehicle speedometer and my GPS, and noted 65 on the speedo and 66 on the GPS. I thought all was well.

About 2 miles down the road, I saw a police cruiser approaching me from the rear with flashing lights (I assume that it was the same gentleman that I'd passed minutes before, as I saw no other vehicles). There were no other vehicles in sight (besides the semi that I had passed a couple of minutes before), so I pulled over. The officer exited his vehicle and approached the passenger side of my truck. I rolled down the window and greeted him (Good morning).

The officer politely asked me what "brought me to Illinois". I responded that I was taking a position with a company nearby, and I was currently going to meet a realtor to view a house that was in an adjacent town. The officer then stated that the maximum speed limit on Illinois highways is 65 MPH, and he "had me doing 73". I responded that I was not at all aware that I was traveling that fast. He asked me for my driver's license and proof of insurance, which I provided.

The officer went back to his cruiser and returned in short-order (2-3 minutes), and informed me that he was going to give me a written warning and it would not affect my driving record in any way. I thanked him and was on my way.

Some additional information that may or may not be of importance:

I checked my GPS after I arrived at the realtor's office and noted that the maximum speed achieved during the last 7 hours and 24 minutes of travel was 67 MPH.

I have been a licensed driver for 23 years and have never been ticketed for speeding. In fact, I have only been pulled over once (license plate bulbs burned out). I take pride in attempting to obey ALL traffic laws and having a spotless driving record.

6 days ago on the same stretch of highway (+/- 2 miles), I passed a parked cruiser. I noticed that he pulled out behind me and caught up rather quickly. He slowed down when he was a couple of car-lengths behind me in the other lane and paced me for about a mile or two. He then slowed down and took a "median" road back to the other side of the highway. There were no other vehicles in sight during this time.

The officer that pulled me over was completely professional and courteous.

Now, for the questions:

Should I have questioned the results of his "clocking"?

If I had received an actual speeding ticket, would I have a shot at successfully contesting it in court with only the information that I've provided?

Is it possible that his equipment or use of equipment could have produced an erroneous speed measurement?

Thanks in advance for any responses.

Edit: Sorry for the novel, but I wanted to provide you with as much information as possible and I attempted to include ONLY facts.

 

[ford_racer]

Questioning his manor of clocking you isn't going to do anything except perhaps annoy him and reduce your chance of getting a warning.

There is always a chance you could get the ticket reduced or dropped, whether it be from talking to the DA or hoping the officer doesn't show up at the hearing after you plead not guilty.

It's possible the equipment was faulty, but not likely. If you fought a ticket, you could ask when it was last calibrated and any associated documents.

 

[SCMOKN]

I would have told him that I was not aware that I was doing 73 as both my Speedo and GPS idicated I was doing 65. I don't believe you would have gotten any more than the warning ticket that you did.

 

[spc miller]

When it comes down to court it ultimately is his word vs yours and he being the law enforcement officer he would win. They were jus trying to cut down on crime the best way they know how. It's not always easy and or right it sucks. And it isnt always easy on the cops or civilians, but you did the right thing once the cop realized you were no trouble he will norm let you off(at least I do). But that's jus from my point of view. There are always two points of view you have to think of that in any dealing you have with the police.

 

[average guy]

You did the right thing. Don't argue with cops- gets you nowhere fast. What kind of car where you driving- wouldn't be surprised if that played a role in your "warning"

 

[monsterpost]

I have a very simular story as the op; this is in the state of Wisconsin. This last spring I was driving on a two lane each way devided highway in a straight truck going 55mph in a posted 55 speed limit. I was in the right lane and came up on slower traffic going less then 55. I singled to move to the left lane and proceded to pass the slower moving cars and then signaled and moved back into the right lane while still going 55mph.

Once I was back in the right lane I saw a State Patrol car comming from the other direction; he was slowing down and was turning around. As this was happening a red SUV then passed me in the left lane; maybe 5 to 10mph faster them me. I assumed the State Patrol was going after the red SUV but no, he pulled in behind me with his lights on and I pulled over to the side of the road and turned on my flashers.

A few minutes later the officer came to my passanger side door and said he had me on radar going just over 60mph. After he checked my licience he told me he was going to give me a warning and it wouldn't affect my driving record. I told him I was going 55mph and asked him if he might of picked up the red SUV that passed me. Then I said I know a warning wouldn't affect my driving record but having the warning on my work record I wasn't ok with. So after more convrsation with the officer he said he had to issue me something as he had called it in. So instead of a warnig he said he would do a class I or III paper inspection I forget which one he said and let me go. I must ad that he said his printer wasn't working so that could of played a part in his decesion.

In my situation I think he did pick up the red SUV and thought it was me. All I can say I was respectful to the officer and the whole event went well from the beginning to the end. So I guess you could say I talked my way out of a warning as the officer wasn't sure who he had on radar.

And yes I know my spelling sucks so I'm sure there are some misspelled words up there somewhere.

 

[spc miller]

I have a very simular story as the op; this is in the state of Wisconsin. This last spring I was driving on a two lane each way devided highway in a straight truck going 55mph in a posted 55 speed limit. I was in the right lane and came up on slower traffic going less then 55. I singled to move to the left lane and proceded to pass the slower moving cars and then signaled and moved back into the right lane while still going 55mph.

Once I was back in the right lane I saw a State Patrol car comming from the other direction; he was slowing down and was turning around. As this was happening a red SUV then passed me in the left lane; maybe 5 to 10mph faster them me. I assumed the State Patrol was going after the red SUV but no, he pulled in behind me with his lights on and I pulled over to the side of the road and turned on my flashers.

A few minutes later the officer came to my passanger side door and said he had me on radar going just over 60mph. After he checked my licience he told me he was going to give me a warning and it wouldn't affect my driving record. I told him I was going 55mph and asked him if he might of picked up the red SUV that passed me. Then I said I know a warning wouldn't affect my driving record but having the warning on my work record I wasn't ok with. So after more convrsation with the officer he said he had to issue me something as he had called it in. So instead of a warnig he said he would do a class I or III paper inspection I forget which one he said and let me go. I must ad that he said his printer wasn't working so that could of played a part in his decesion.

In my situation I think he did pick up the red SUV and thought it was me. All I can say I was respectful to the officer and the whole event went well from the beginning to the end. So I guess you could say I talked my way out of a warning as the officer wasn't sure who he had on radar.

And yes I know my spelling sucks so I'm sure there are some misspelled words up there somewhere.

It's possible but with the newer technology of radar being use most times it picks up the faster traffic I know with mine will pick up a car over a bus if the car is traveling faster but not sure what type Wisconsin uses.

 

[svtcop]

Should I have questioned the results of his "clocking"?

If I had received an actual speeding ticket, would I have a shot at successfully contesting it in court with only the information that I've provided?

Is it possible that his equipment or use of equipment could have produced an erroneous speed measurement?

Thanks in advance for any responses.

Questioning it tactfully wouldn't have gotten you any worse than what you received. I think if done correctly I would question the accuracy of my ESMD and perform a complete check and make note of any inaccuracies.

Don't worry about what if's. If the equipment was defective that would be your defense in court. If you posed a strong case the Officer would have to prove otherwise.

There could have been a malfunction. Without knowing what type of speed measuring device he was using we wouldn't be able to speculate on how things may have gone wrong.

When we start our shift we perform a diagnostic check on our Radar units. We then perform another after we issue a warning or citation for speed. Those are documented on a separate sheet that we include with a citation.

 

[spc miller]

Questioning it tactfully wouldn't have gotten you any worse than what you received. I think if done correctly I would question the accuracy of my ESMD and perform a complete check and make note of any inaccuracies.

Don't worry about what if's. If the equipment was defective that would be your defense in court. If you posed a strong case the Officer would have to prove otherwise.

There could have been a malfunction. Without knowing what type of speed measuring device he was using we wouldn't be able to speculate on how things may have gone wrong.

When we start our shift we perform a diagnostic check on our Radar units. We then perform another after we issue a warning or citation for speed. Those are documented on a separate sheet that we include with a citation.

We do 3 one at beginning of shift one in the middle and one at end of shift.

 

[dsrtdukone]

Questioning it tactfully wouldn't have gotten you any worse than what you received. I think if done correctly I would question the accuracy of my ESMD and perform a complete check and make note of any inaccuracies.

Don't worry about what if's. If the equipment was defective that would be your defense in court. If you posed a strong case the Officer would have to prove otherwise.

There could have been a malfunction. Without knowing what type of speed measuring device he was using we wouldn't be able to speculate on how things may have gone wrong.

When we start our shift we perform a diagnostic check on our Radar units. We then perform another after we issue a warning or citation for speed. Those are documented on a separate sheet that we include with a citation.

Thank you for responding to the questions.

Regarding his ESMD: The ticket was checked for both "RADAR" and "Marked". I do not know if "RADAR" is specifically identifying the device or if it is a generic term which includes LIDAR.

When you say "pose a strong case", do you believe that my GPS screen-shot and driving record be taken into account?

Does the diagnostic check verify the accuracy of the device's calibration or just the functionality of the device?

Thanks again for your time.

BTW, I notice that you're in Ohio. What area?

 

[svtcop]

Thank you for responding to the questions.

Regarding his ESMD: The ticket was checked for both "RADAR" and "Marked". I do not know if "RADAR" is specifically identifying the device or if it is a generic term which includes LIDAR.

When you say "pose a strong case", do you believe that my GPS screen-shot and driving record be taken into account?

Does the diagnostic check verify the accuracy of the device's calibration or just the functionality of the device?

Thanks again for your time.

BTW, I notice that you're in Ohio. What area?

Not sure of the Illinois State traffic warning setup so I really couldn't say. Warnings vary from Dept. to Dept.

I'm sure that a judge or magistrate would take into account all evidence..including your driving record and anything else you bring as documentation.

I diagnostic check on a radar device usually performs functionality tests of the equipment. We also check the "antennae" with tuning forks. The tuning forks are used to measure the accuracy. If there is a problem, it usually comes out in one of those checks.

Dayton area.

 

[dsrtdukone]

I diagnostic check on a radar device usually performs functionality tests of the equipment. We also check the "antennae" with tuning forks. The tuning forks are used to measure the accuracy. If there is a problem, it usually comes out in one of those checks.

Thank you for the explanation.

Dayton area.

Ick. I lived there for a couple of decades. I may never be able to wash it off.

 

[svtcop]

Thank you for the explanation.



Ick. I lived there for a couple of decades. I may never be able to wash it off.

No prob. :beer:

I'm not in the city so it's not half bad.