Thursday, May 27, 2010

Anything fishy here? Count the fish...

Today a friend got a speeding ticket in Wisconsin for 48MPH in a 35MPH zone. She didn't think she was going 48 but, unless she was looking at her speedometer, she wouldn't be able to testify to her actual speed.

Fish #1. The cop was sitting on the shoulder a short distance beyond the sign for the change to a lower speed limit. (In Illinois, electronic speed-detecting devices shall not be used within 500 feet beyond any such (speed limit) sign in the direction of travel...(625 ILCS 5/11-602).) Does Wisconsin have a law like this?

Fish #2. The cop told her she could pay the fine "on the spot." We all know what that sounds like.

Fish #3. The cop accepted her personal check for $114. $114 seems an unusual amount for a speeding fine for 13MPH over. To me it sounds more like a bond amount.

Fish #4. The cop told her that, if her check didn't clear, there would be a warrant issued for her arrest with a $500 bond.

Fish #5. The cop told her that, if she didn't pay the fine to him, he'd have to take her into the police station, where she could pay by credit card, and there would be a $15 surcharge added for payment by credit card.

Fish #6. She would have to make her own way back to her car. The cop would only drive her to the station, not back to her car.

Fish #7. She didn't have her driver's license with her, so the cop asked her name and phone number. No ticket was issued for not having her driver's license in her possession.

Fish #8 The cop asked her if she wanted to see the radar gun read-out. She looked at it and it read 48. I asked her if she asked the cop to clear it and re-set it to 00; she didn't. If she goes to court on this, I told her to FOIA the previous three tickets written by that cop with that radar gun. Wouldn't it be "interesting" if they were all for 48MPH?

When's the last time you had a cop ask you if you wanted to see the radar gun display? A year ago I was riding with a friend in Schaumburg who got stopped for speeding. After the cop issued the ticket, I suggested he look at the radar gun read-out. The cop refused to let him get out of the car and said he never let anyone look at his radar gun. All I could think was, "Alert! Alert" Alert!"

I suggested that she read the ticket really carefully and, if she wanted to fight it, to call the police department or the court first thing tomorrow morning.

Unfortunately, the cost of fighting a ticket, when you consider the costs of taking days off work and transportation expense, would far exceed the $114. And you can believe that every cop knows it.

What do you think? Fishy or not?

7 comments:

FatParalegal said...

Fish #2 sounds common to me. I've had friends get speeding tickets in Wisconsin and they are required to pay on the spot.

Gus said...

Fish #9. Did the cop actually measure her speed in the area before she reached the lower speed zone?

M.U.G. said...

Not fishy. They do things differently in Wisconsin. For example:

www.wicourts.gov/about/pubs/supreme/docs/bondsched10.pdf

Gus said...

M.U.G., thanks! The schedule looks comprehensive and fair.

The problem, I think, was that the driver understood she was paying the "fine" on the spot, not paying a 'deposit' to be able to leave the scene. On Page 41 the total cost of a ticket for 13MPH+ is $175.00. Wow!

Does Wisconsin have a law that radar cannot be used within a certain number of feet of entering a reduced speed zone?

Justin said...

Buffer between speed zones? I don't think so. You see it all over Wisc where the speed goes from 55 down to 35. Also they don't mark speed zones as well as in Illinois.

Many takes checks or SOME credit cards right in the squad car.

A few years ago when they were repaving the Wisc 140 going north from Illinois up to Clinton, they had all the local roads marked local traffic only. If you decided to try and take a backroad to avoid the lengthy detour, the Wisc State Patrol would stop any car with Illinois plates. That was the PC.If you could not prove you were going to a local address they wrote you a ticket. THAT TICKET was $175.00. The detour was about 25 miles so they made LOT's Of MONEY.

Gus said...

ka-ching, ka-ching. I still wonder by what authority a road can be declared for "Local Traffic Only", when it's the taxpayers who pay for the road.

I can understand barring heavy trucks, but not passenger cars, pick-ups and, of course, motorcycles.

Justin said...

Local authorities can limit ANY vehicular traffic by ordinance to local residence or deliveries only.
The offense becomes disobeyed a traffic control device. Towns do it so as to not allow their streets become unofficial shortcuts during road construction.