Speeding Ticket - Unique situation

Kevin H

New Member
Jurisdiction
Illinois
Hello,
Please advise on the following situation that occurred last night ...
I'm running a little late to a work meeting and traveling faster than I should have been (65 to 70 in a 55). After I pass a car, the car speeds up and gets right behind me. After following me for a while, I become concerned that this is a "road rage" situation. I speed up a little bit to try to separate from this vehicle and drive fairly fast through this very small town to try to get away from this vehicle. I believe I see the other car flash its headlights while driving through this town. The other car maintains its position behind me. I continue driving and pass another car to try to get a car between us. The other car also passes the car. I now hear the faint sound of sirens. I turn down my radio and confirm that the car behind me has sirens on, but see no red lights in my mirror. I'm worried that it could be someone impersonating a police officer, but pull over anyway.

I sit there a few minutes without anyone getting out of the car (I can't see anything but headlights because it's dark). I'm becoming more worried about who is in the vehicle behind me. After a few minutes, at least 2 police cars come flying up around me. I'm relieved because I now know it's a police officer behind me, but I'm confused about why there are no lights and why the other patrol cars pulled up so aggressively. I now assume he's pulling me over for passing the last car that I passed. The officer in the car behind me finally approaches the vehicle, but stops a few feet short of my car and appears to have his hand on his weapon. Finally, he comes to my window and reprimands me for not pulling over during the 20 minutes he pursued me. He tells me that he has the whole county on its way. I continue to apologize and explain that I never saw his lights and didn't hear his siren until right before I pulled over. He asks me about drugs, alcohol, etc. He continues to say that I should have seen his lights. I'm shaken and very unnerved by the whole situation. Finally, I ask him if he's in an unmarked car because I still don't see your lights in my mirror. He turns around to look at his car and then says "I don't have my red lights on."

He takes my license, registration, insurance back to his vehicle. I hear a chuckle, which I assume is one of the other offices after he has told them that he forgot to turn his lights on. The other patrol cars leave. The officer stays in his car for at least 20 minutes. I thought he was maybe looking at a dash cam to look for traffic violations, but the states attorney's office told me their vehicles don't have dash cams. Finally, the officer returns and gives me a ticket for going 83 in a 55. I didn't think I was ever going that fast, but it's certainly possible that I went that fast when passing the last car. The location for the violation was near where I pulled over (and not when he initially pursued me). He says he could have gotten me for rolling through a stop sign and reckless driving for a dangerous pass, but he's only giving me a speeding ticket.

If I ever did go 83, it was only because I thought a road rage person was behind me. I put in a call to the local states attorney's office, but they want to wait to receive the ticket before discussing the issue. What are my options and how should I proceed. I am still shook up about the whole situation. While I acknowledge speeding, I don't believe I should have gotten a ticket for 83 in a 55 (which is a misdemeanor and not eligible for probation, etc in this county).
 
Hello,
Please advise on the following situation that occurred last night ...
I'm running a little late to a work meeting and traveling faster than I should have been (65 to 70 in a 55). After I pass a car, the car speeds up and gets right behind me. After following me for a while, I become concerned that this is a "road rage" situation. I speed up a little bit to try to separate from this vehicle and drive fairly fast through this very small town to try to get away from this vehicle. I believe I see the other car flash its headlights while driving through this town. The other car maintains its position behind me. I continue driving and pass another car to try to get a car between us. The other car also passes the car. I now hear the faint sound of sirens. I turn down my radio and confirm that the car behind me has sirens on, but see no red lights in my mirror. I'm worried that it could be someone impersonating a police officer, but pull over anyway.

I sit there a few minutes without anyone getting out of the car (I can't see anything but headlights because it's dark). I'm becoming more worried about who is in the vehicle behind me. After a few minutes, at least 2 police cars come flying up around me. I'm relieved because I now know it's a police officer behind me, but I'm confused about why there are no lights and why the other patrol cars pulled up so aggressively. I now assume he's pulling me over for passing the last car that I passed. The officer in the car behind me finally approaches the vehicle, but stops a few feet short of my car and appears to have his hand on his weapon. Finally, he comes to my window and reprimands me for not pulling over during the 20 minutes he pursued me. He tells me that he has the whole county on its way. I continue to apologize and explain that I never saw his lights and didn't hear his siren until right before I pulled over. He asks me about drugs, alcohol, etc. He continues to say that I should have seen his lights. I'm shaken and very unnerved by the whole situation. Finally, I ask him if he's in an unmarked car because I still don't see your lights in my mirror. He turns around to look at his car and then says "I don't have my red lights on."

He takes my license, registration, insurance back to his vehicle. I hear a chuckle, which I assume is one of the other offices after he has told them that he forgot to turn his lights on. The other patrol cars leave. The officer stays in his car for at least 20 minutes. I thought he was maybe looking at a dash cam to look for traffic violations, but the states attorney's office told me their vehicles don't have dash cams. Finally, the officer returns and gives me a ticket for going 83 in a 55. I didn't think I was ever going that fast, but it's certainly possible that I went that fast when passing the last car. The location for the violation was near where I pulled over (and not when he initially pursued me). He says he could have gotten me for rolling through a stop sign and reckless driving for a dangerous pass, but he's only giving me a speeding ticket.

If I ever did go 83, it was only because I thought a road rage person was behind me. I put in a call to the local states attorney's office, but they want to wait to receive the ticket before discussing the issue. What are my options and how should I proceed. I am still shook up about the whole situation. While I acknowledge speeding, I don't believe I should have gotten a ticket for 83 in a 55 (which is a misdemeanor and not eligible for probation, etc in this county).


I THINK you've explained in excruciating detail what occurred to cause you to receive a citation.

I suggest NOT even mentioning that you THOUGHT a potential road rage incident was in the works.

WHY?

Judges hear that one everyday, and it never flies.

If you insist on offering the "fear of a road rage incident", expect the prosecutor to ask you WHY you failed to use your cell phone to call "911"?

Even if you were afraid of some violent incident brewing, absent any proof (your recitation of events isn't PROOF), its your word against that of a sworn law enforcement official.

I don't think I need to bore you with just who a judge would believe.
 
What are my options and how should I proceed.

Options?

1 - Plead guilty and take your punishment.
2 - Plead not guilty and hope you get offered a plea bargain.
3 - Plunk down $1500 (or more) on a lawyer's desk and see if that helps.

Thing is, you were already breaking the law at 10-15 mph over the limit, went even faster to pass, and even faster yet when you tried to get away from the car behind you.

It's very likely that the citation for 83 is accurate and you have no defense.

Be thankful you didn't get cited for reckless driving.
 
Options?

1 - Plead guilty and take your punishment.
2 - Plead not guilty and hope you get offered a plea bargain.
3 - Plunk down $1500 (or more) on a lawyer's desk and see if that helps.

Thing is, you were already breaking the law at 10-15 mph over the limit, went even faster to pass, and even faster yet when you tried to get away from the car behind you.

It's very likely that the citation for 83 is accurate and you have no defense.

Be thankful you didn't get cited for reckless driving.


Or, what we call in Texas, FLEEING AND ELUDING.
Which is often charged as a felony.
It rarely ends well for the one ELUDING.
A 20 minute run, while a copper is on your tail can be very expensive.
 
Back
Top