The City of Rockford v. Custer

Illinois Appellate Court
Civil Court
Traffic Laws
Citation
Case Number: 
No. 2-09-0743
Decision Date: 
Thursday, September 23, 2010
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Reversed.
Justice: 
McLAREN
Following bench trial, Defendant was found guilty of speeding. Trial court erred in permitting the officer who ticketed Defendant to testify that he measured Defendant's speed using a radar device, as radar device was used more than 500 feet from speed limit sign. Evidence was insufficient to find Defendant guilty of municipal ordinance by preponderance of the evidence, as officer did not supply an admissible estimate of Defendant's actual speed, but only that in his opinion Defendant was driving at a "high rate of speed." (BURKE, concurring; ZENOFF, dissenting.)