Got speeding ticket in Kane Co. from Dupage Co. cop, jurisdiction ?, help please!!

JA$ON

ching chong potato
Sep 7, 2004
17,332
2
Hello all, well I managed to make it 24 hours with the pulley and tune, before getting a ticket. I got a speeding ticket from a Wayne, IL police officer for speeding in St.Charles, IL.

Wayne is a small, podunk town next to St.Charles, and is actually in another county (Dupage County) but the violation was in St.Charles (Kane County).
So my first question concerns jurisdiction. The officer that pulled me over was actually an officer of a neighboring town, which happens to be in another county, and gave me a ticket (55 in a 35) for a violation that occurred in not only another town, but another county. Can he do this ? And would it be worth me going to court to fight the ticket?? My first instinct tells me that he was a bit out of line. Granted, his town is the next town over, but upon checking a map, he was "clocking" people a few miles into the other town (St.Charles) and county (kane), he clearly pulled me over out of his jurisdiction. So what knid of jurisdiction do officers have for writing speeding tickets??

The cop was actually sitting in someones driveway. I was under the impression that they cannot sit on private property while "clocking" people. Anyways, I really want to go to court and fight this crap. Yes I was speeding, but this guy is in the wrong town and county, clocking people :bash: Thanks for any help out there!

Jason
 
F

FunLightningCpl

Guest
Ticket problem

I have a close friend in the states atty. office . I will run this by him in the morning if I see him and see what he says about your odds of getting out of it. Most likley you will have to pay, but I will check.

Talk to you soon..Larry
 

JA$ON

ching chong potato
Sep 7, 2004
17,332
2
FunLightningCpl said:
I have a close friend in the states atty. office . I will run this by him in the morning if I see him and see what he says about your odds of getting out of it. Most likley you will have to pay, but I will check.

Talk to you soon..Larry

Thanks for the quick response, I appreciate it! ;)
 

HONBOY1

Regular
Aug 19, 2004
485
0
Just so you know officers have full authority in any town that borders their jurisdiction even if that town is part of another county. Also, officers can run radar from in their squad while parked on private property. I don't think bringing this point up during your testimony will get you anywhere. Remember though, never admit to guilt. Did the officer give you a diversion envelope with choices such as safety driving school, request court hearing, or pay fine and it goes on record? If so, request a courtdate. It's your word against his. I think you will be better off thinking of a different strategy than the jurisdiction thing. If you have the money, I would suggest hiring an attorney. I see people getting off all the time just because their represented by an attorney. But then again, that's Cook County. If you got this ticket in my jurisdiction, I would try and help you out brother. I hope this helps. If you have any further questions let me know! :dunno:
 

ShelbyGuy

Turgid Member
Mar 26, 2004
5,230
0
I have two words for you:

valentine one

remember, if you fight it and lose, you are on the hook for the fine AND the court costs. not to mention the days pay you lost

take your lumps, pay your fine, get your court supervision, and learn not to drive like a yahoo on the street.
 

JA$ON

ching chong potato
Sep 7, 2004
17,332
2
ShelbyGuy said:
take your lumps, pay your fine, get your court supervision, and learn not to drive like a yahoo on the street.

I am starting to think this is the best option, I am eligible for court supervision without even going to court. I read this pamphlet he gave me and it says as long as I dont get another in 90 days, the case is dismissed. That does mean that my insurance will not find out about this right??

Oh yeah, I have never owned a radar detector, I know Valentine One makes some good ones. Is there a specific model that is the best? What do they cost, like 3-4 hundred? Thanks for the good info

.................stupid pulley :rolleyes:
 

ILLINI-SVT

Member at Large
Mar 4, 2004
1,993
0
All the responses are right, they can patrol in other towns since (but only if) MOST towns have a 'mutual aid agreement' where they can share police/fire/etc services. I'd bet that St. Charles might not be too happy to find out that a Wayne cop had a speed trap in their town, but it's probably still legal.

And then, as long as you invite the cop onto your property, they can sit on it and gun.

Here's the real deal though:

:slap:

Get yourself a damn radar if you're going to go 20 over and not want a ticket.
 

ShelbyGuy

Turgid Member
Mar 26, 2004
5,230
0
hey, im no dummy! i have experience in being a yahoo on the street. by the time i was 18 i had 36 moving violations and my license was suspended in illinois, wisconsin, and minnesota. i had to ride a ten speed through three chicago winters to get my license back.

come play on the track with me where you never have to worry about flashing red and blue lights!
 

HONBOY1

Regular
Aug 19, 2004
485
0
I don't know how anal the courts are where your from.. All I can say is that mail in diversions are a big rip off. I know that when people request a court hearing, their fines are usually cheaper than what they would pay if they plead guilty and went to traffic school.. And the Judge still gives them probation which will not go against your driving record. No matter what though, the insurance companies can always find out about the citations by obtaining your driver's abstract by the Secretary of State. I personally would take a chance and fight it. In other words, LIE!!!! HE HE HE!!!!! :idea:
 

ShelbyGuy

Turgid Member
Mar 26, 2004
5,230
0
for many of us, the economics of the situation are such that the fine is cheaper than the time off work for court AND traffic school.

but yeah its just a game to play

HONBOY1 said:
I don't know how anal the courts are where your from.. All I can say is that mail in diversions are a big rip off. I know that when people request a court hearing, their fines are usually cheaper than what they would pay if they plead guilty and went to traffic school.. And the Judge still gives them probation which will not go against your driving record. No matter what though, the insurance companies can always find out about the citations by obtaining your driver's abstract by the Secretary of State. I personally would take a chance and fight it. In other words, LIE!!!! HE HE HE!!!!! :idea:
 

wtw5974

What in the Hell?
Mar 2, 2004
942
0
In the state of IL each town has border sharing provision that is in effect to help "Fresh Hot Pursuit" This is when a crime or an infraction is committed in one town and the stop is made in another. This is true even if the two towns are in different counties as long as they border each other. The only time that this doesn’t happen is when the two towns a separated by county land. For the towns that have county land separating the towns. Those police are usually deputized by the country as well, thus getting around a situation like this. Aurora Illinois is a good example. Now there is allot of times were the county will not do this. You may want to look at a recent map and see if there was any county land separating the two towns in the direction you were traveling. If that is the case, then you could have jurisdictional issues. If this is the case you can find out from the sheriffs’ office if the officer in question has jurisdiction on county land. Now there are a few things I'm leaving out like Mutual Aid, Home Rule, etc. I do remember that there were parts of Wayne that were separated by county land.


Hope this helps explaine things a little:biggthump

:p
 

fearbluer1

My 4cyl just beat your 8!
Mar 2, 2004
273
0
HONBOY1 said:
Oh, I forgot to mention that was in 1994!!! I am alittle bit more responsible now, NOT!!!!!!! That is one of the reasons I became a cop. I was tired of getting tickets so I became one of them!! :headbang:


Are you a Lansing cop by chance? Just curious, seems like there are a few new ones I haven't gotten to know on the Lansing force.
 

Flyn

Go ahead. I'll catch up.
Moderator
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Mar 1, 2004
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Selling homes on the Gulf Coast of Florida
firstsvt said:
I am starting to think this is the best option, I am eligible for court supervision without even going to court. I read this pamphlet he gave me and it says as long as I dont get another in 90 days, the case is dismissed. That does mean that my insurance will not find out about this right??

Oh yeah, I have never owned a radar detector, I know Valentine One makes some good ones. Is there a specific model that is the best? What do they cost, like 3-4 hundred? Thanks for the good info

.................stupid pulley :rolleyes:

I would take the supervision and be careful for the 90 days. Like John says, taking time off to go to court or traffic school costs $. Your insurance co will probably never find out about it.

I have a Valentine One and I don't know how anyone with a car like ours can live without one. The only place to get them is Valentine One's website. I think they are still $399 and worth it. The arrows that tell you which way the radar source is coming from are great. www.valentineone.com
 

BlueOvalBill

Member
Jan 24, 2005
40
0
I'd take court supervision

and get a Valentine One. If you were ineligible for court supervision (for instance, if you had received a moving violation within the last year), then hiring an attorney would probably work out well because an attorney can often get you court supervision via a plea-bargain even if you've had a previous moving violation within the last year.
 
5

5pointOhCrap

Guest
they really cant pull you over in anither town let another county, it isnt there juristiction like u said. I would fight that in court not even with a lawyer. I cant remember in illinois but i know entrapment is illegal in a lot of states including colorado but i think its illegal in illinois too. So see what u can come up between those two topics and u should be alright :biggthump
 

fastfocus

TCG Elite Member
Nov 30, 2004
3,702
6
5pointOhCrap said:
they really cant pull you over in anither town let another county, it isnt there juristiction like u said. I would fight that in court not even with a lawyer. I cant remember in illinois but i know entrapment is illegal in a lot of states including colorado but i think its illegal in illinois too. So see what u can come up between those two topics and u should be alright :biggthump

actually you are wrong.. what he did was legal.. i will check the IVC (illinois vehicle code) later on.. there is certain radius from the border that they can go... i think its like 5 mile or something like that.. but what he did is legal... granted st.charles may not like it if they found out.. but it can be done...
 

Flatliner

I'm kind of a big deal...
Mar 3, 2004
35,000
0
I never speed, especially on video... knowing that I got a radar to avoid tickets.

Works great cause I never speed...
until I decide to go to Rt66 Ford Nationals and stop at McD's and have your girlfriend ask you if you want a sandwich as you pull out of the parking lot, when you realize that hey it's only 30mph here... you let off look down 39... and <beeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeep> you get hit with radar and still manage to get a ticket...

Moral of story: Radar detectors rock if you want to starve and are single.
 

HONBOY1

Regular
Aug 19, 2004
485
0
fearbluer1 said:
Are you a Lansing cop by chance? Just curious, seems like there are a few new ones I haven't gotten to know on the Lansing force.
After incriminating myself for the whole world to see, I don't know if I want to give that information! He he he he!!!!! I just live in Lansing.. I'm a patrolman in Country Club Hills. Let me just say for the record, "I am a reformed renegade now." ;)
 

SVT2SLOW

Member
Oct 19, 2004
73
0
FYI: don't let Wayne fool all of you they are actually quite big in land size in fact if you drive on the bordering roads wayne is huge. And the speed limit changes from 55 to 35 very quickly in Wayne on most entering roads. Lots of signs are hidden behind trees and what not. Sorry you got the ticket...cause there is only two wayne police officers...total that means one at a time unless there is a sherriff riding through. plus parts of Wayne are in Kance county and some of Stc is in Dupage. :confused: Kinda ridiculous but now ya guys that live outta the area have fair warning...they jump on any action they can get
 
J

Jpatte

Guest
"Ticket

You have two options in my book.

1. Pay the ticket and get court supervision by mail, if thats allowable.


2. Get a lawyer and go to court. Don't go to court without one. Court supervision is not a sure thing. The amount of money you spend on a lawyer and a day off of work may outweight the cost of increased insurance rates. Plus you don't know whats going to happen down the road and lessoning your record now may be helpful. Meaning if you have a Cobra, you going to enjoy it.

Jpatte
 
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