I am handling a case where my client was driving 32mph on the tollway. The speed limit is 55mph and the minimum speed is 45mph. Therefore, she was driving 13 mph under the minimum speed limit. As we know, everybody drives about 70 mph so other vehicles were passing her at 38 mph. An Illinois Tollway Motorist Assist truck driver called in the vehicle to the Illinois State Police.
The arresting police officer set his vehicle up with its on-board camera recording. Once the vehicle passed (slowly) the officer followed the vehicle for approximately 1 mile and observed the vehicle’s speed on his radar and witnessed the lane violations. All of these are recorded on his on-board camera.
There is an extensive body of law regarding when an anonymous motorist contacts the police to report a drunk driver. The police officer cannot rely upon another person’s claim that the person is drunk or impaired. The police officer has to witness his own independent violations before he stops the suspected driver.
In this case, the Illinois State Police officer witnessed several violations and had a basis to stop the vehicle.
