I rcvd a speeding ticket for 70 in a 45 construction zone. Can I introduce evidence from I-Pass showing my avg speed was 48?

Asked over 5 years ago - Chicago, IL

The officer was using handheld laser standing next to his motorcycle. The interstate has 14 miles of construction, most notably that it happens to be between two I-Pass toll booths. He claims to have clocked me at 70. I downloaded my I-Pass information and it shows that I averaged 48 mph for over 14 miles. The construction starts right after the first toll and ends at the second toll. I was pulled over right after the second toll. Can this be used to show it was not me who was traveling 70 mph? He clocked me from a distantce of 375 ft and I drive a mini cooper with no front license plate (he must have used either the headlights or hood to aim at).

Attorney answers (1)

  1. Answered . To be admissible in Illinois, evidence must be relevant. You can certainly try to introduce the evidence, but the prosecution will likely object (or the court will object for them in the interests of expediency) based on the fact your evidence doesn't prove or disprove anything specifically. The evidence simply shows that your average speed between two points was 48 mph.... it does not go to the "heart" of the matter, which is whether you were exceeding the speed limit at the time the officer clocked your speed.

    Even if you did get the evidence admitted, it likely would not be considered very probative by the judge for the same reasons. When defending yourself, remember to focus on the specific issue at hand: "were you exceeding the speed limit in the manner described and in the location described by the officer as written on your traffic ticket?"

    Good luck!

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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