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East Central Reporter

Saturday, October 12, 2024

Radar traps near town entry points raise legal questions

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Edgar County Watchdogs, Inc. | Edgar County Watchdogs site

Edgar County Watchdogs, Inc. | Edgar County Watchdogs site

As drivers enter small towns across Illinois, they often encounter speed limit signs that require a reduction in speed. It is common for local police to position radar traps just beyond these signs, sometimes only a few feet past them. Observations and discussions with ticket recipients indicate that this practice is widespread.

Illinois law states: “Electronic speed-detecting devices shall not be used within 500 feet beyond any such sign in the direction of travel; if so used in violation hereof, evidence obtained thereby shall be inadmissible in any prosecution for speeding.” This statute is found under 625 ICLS 5/11-602.

An exemption exists for school zones if they meet the requirements of section 11-605 of the Act. The statute clarifies: “However, nothing in this Section prohibits the use of such electronic speed-detecting devices within 500 feet of a sign within a special school speed zone indicating such zone, conforming to the requirements of Section 11-605 of this Act, nor shall evidence obtained thereby be inadmissible in any prosecution for speeding provided the use of such device shall apply only to the enforcement of the speed limit in such special school speed zone.”

Drivers who receive tickets should note where police were positioned relative to the speed limit sign when using radar. If officers are within 500 feet, their actions may violate state law. Drivers are advised to carry a copy of this law along with their insurance and registration documents. Recording interactions with police and documenting distances can provide crucial evidence if needed.

There may be instances where prosecutors or judges are unaware of this specific legal requirement. A personal account from 1996 illustrates how an assistant state’s attorney dismissed a ticket after being presented with evidence highlighting illegal radar use by local police notorious for issuing tickets shortly after passing a speed limit sign.

It is important for individuals to understand both their rights and the laws governing those tasked with enforcing them.

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