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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 114077
Experience:  Attorney with over 24 years of law and traffic law
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I received a photo enhanced ticket to appear in court.When I

Customer Question

I received a photo enhanced ticket to appear in court.When I went to court the judge didn't even tell me the date or time this happened.I do remember passing a car and getting into the other lane.As I was getting over,there was a sign flashing to slow for construction zone.I slammed on my brakes before getiing to the zone which was much farther away. I asked for a bench trial and I have my passenger to witness.Any advice?I'm very nervous about the whole thing.
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Illinois.Morgan County
JA: Has anything been filed or reported?
Customer: Just the appearance letter and my next court date
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Before you can even make any type of defense you need to get the citation records and evidence by requesting it from the prosecution. You also need to ask for the camera calibration and certification records. It is tough to argue you were not speeding when they have a photograph. Once you get the evidence you can argue you decelerated prior to reaching the zone. If they can show the camera was properly calibrated and the ticket shows you actually in the speed zone, these tickets are pretty difficult to defeat in court because the evidence is hard to refute unless it shows another car next to you or immediately in front of you where you can argue they have the wrong car. Your passenger can testify, but many times the judges call someone from the same vehicle a biased witness.
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