How to win a speeding ticket with no posted limit? (Chicago: rental car, rental)

[Da Dark Jedi]

I just got a few tickets Thursday (9/1/2011) Southbound on Route 41 between the Musuem of Science and Industry and Hayes Drive (63rd st). Below is how each tickes was issued.

1) Driving a rental car without Insurance... I presented the CP a copy of the contract which indicated that Insurance was on the vehicle. He said it was not valid.

2) Doing 70mph in a 35 zone... When I got on RT-41 Southbound at 57th Street (right hand turn) there was no sign posted for 7/8 of a mile the indicates what's the speed limit. Only when you get to 61 street is a sign posted that reads 35, which the CP was sitting there.

3) The CP comes up behind me and signals me to turn right (his lights was not on) so I hit my turn signal and do so. He then gives me a ticket for ILLEGAL LANE CHANGE- NO TURN SIGNAL.

So I go back to the location to see where is a 35mph zone there is NON between 57th Street (Route 41 Southbound and 61 street) which 240 yards from his post, and a 30 sign 225 yards from the 35 sign. The CP only turned on his lights after both vechicles was parked , so I don't know if the dash-cam was activated during the process before the stop. I went up and down (south and north) route 41 to see if signs are posted. What I found out is this strip of HWY is the Only part os route 41 where no sign is posted. Also the Illinois Rules of the Road book on page 20 states "The following speed limits apply, unless otherwise posted: Most other highways and rural areas-55 mph".

Does the dash-cam has to be on to record the events even the speeding infraction? Or is it simply my word against his? Yes I will try and get a video recording of the strip of HWY to validate my claim.

[666northstate]

How long have you lived in Chicago?

[Irishtom29]

You need a sign to tell you you shouldn't go 70 on the Drive?

[snoylekim]

Holy crap ...where do we start with this ?? Dash-cam ??? CPD ?? Lake Shore Drive Speed Limit ..Illinois versus City of Chicago and 'home rule' ... Illinois Liability versus Collision/Comprehensive Insurance .. wow .. You might consider getting a local attorney ..lotsa points and $$$ with these tickets .. and based on your post, you don't have a chance arguing your own case, sorry to say ..

[emathias]

Originally Posted by Da Dark Jedi

...
1) Driving a rental car without Insurance... I presented the CP a copy of the contract which indicated that Insurance was on the vehicle. He said it was not valid.

2) Doing 70mph in a 35 zone... When I got on RT-41 Southbound at 57th Street (right hand turn) there was no sign posted for 7/8 of a mile the indicates what's the speed limit. Only when you get to 61 street is a sign posted that reads 35, which the CP was sitting there.

3) The CP comes up behind me and signals me to turn right (his lights was not on) so I hit my turn signal and do so. He then gives me a ticket for ILLEGAL LANE CHANGE- NO TURN SIGNAL.
...

1) He may or may not be incorrect. It will depend on the language of the contract. You will almost certainly need a lawyer to help you assess the situation. Illinois law doesn't require rental agencies to carry primary coverage, but the contract may hold them to it. Get a lawyer for this one.

2) Pay the fine. You know perfectly well there are no 70mph zones within the City of Chicago (I'm not even sure there are any in Illinois). Being willfully ignorant is not a defense. Plus, it may be "Route 41," but it's certainly not rural, and technically I believe all of Lakeshore Drive is considered a "parkway" and not a "highway" for a variety of legal reasons (including the speed limits). In other words, you have zero defense for your speeding except ignorance, which is no defense.

3) Unless on the ticket he specifically said that last lane change is what you were being ticketed for, he could say you made a lane change without signaling at some other time before he put on his lights. And you know what - if I were the judge in this case I'd side with him just on principle and not think a second thing about it. You can try to subpoena the recording, but even if it exists, what it shows may not be useful to your case and it will probably come down to his word against yours anyway.

[snoylekim]

I think it's more than 'pay the fine' ... isn't 35 over automatic License Suspension, plus what it will do to OPs Insurance rates ... I'd suggest an attorney is necessary to deal with this, and a good traffic attorney might be able to get the speeding down ..plus take care of the insurance question ..the OP is on the hook for some current and future $$$ either way on this , so the attorneys fees seem to be well worth it ..

And , we know we could start a completely separate thread on Lake Shore Drive, Speed limits, etc

[Manigault]

Originally Posted by snoylekim

..the OP is on the hook for some current and future $$$ either way on this , so the attorneys fees seem to be well worth it ..

Amen to that.

[666northstate]

When you are a self proclaimed Jedi that gets ticked for speeding, you may want to start calling yourself something else. No real Jedi gets a ticket for speeding.

[Vlajos]

Just pay the fines and move on.