Legal Question in Traffic Law in Illinois

Defense in case of officer citing law incorrectly on ticket

I recieved a ticket recently from an officer (who was rather rude) for my car stereo being too loud. The officer also mentioned something about me looking at him and not thinking he was going to catch me. He cited 625 ILCS 5/12-611 and in the nature of the offense he wrote '' Illegal operation of sound amplification system - over 500ft''. The fact is that when I looked at him the distance between us was only 52ft. (I measured after the fact) The actual statute says 75ft. How should I address that with the judge as an illegal instrument, or officer incompetance? I appreciate your help!


Asked on 4/17/02, 11:46 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Defense in case of officer citing law incorrectly on ticket

It sounds like you want to plead "not guilty" based upon a defense that your stereo was not so loud so as to be heard from a sufficient distance to violate the statute. If so, your case will be set for trial and you will be able to testify at trial. You would also be able to cross examine the officer. Basically, it will come down to his word against yours. By the way, the officer's rudeness will be considered irrelevant. Personally, instead of risking a conviction, it is often a wiser approach to enter into a plea bargain which will avoid the conviction. You may be able to be placed on "supervision", which will only require that you stay out of trouble for a period of time usually three to six months. I have handled other cases such as yours, and if you are considering hiring an attorney you may call me at 314-727-2822 for a free telephone consultation.

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Answered on 4/17/02, 8:37 pm


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