APPEAL from the Circuit Court of McLean County; the Hon. IVAN
JOHNSON, Judge, presiding.
MR. JUSTICE GREEN DELIVERED THE OPINION OF THE COURT:
Defendant Michael F. Zlatnik was charged, by way of citation and complaint, in the Circuit Court of McLean County with the offense of speeding on June 20, 1972, in violation of section 11-601(b) of the Illinois Vehicle Code (Ill. Rev. Stat. 1971, ch. 95 1/2, par. 11-601(b)). After a plea of not guilty and a prior jury trial which ended in a mistrial, he was found guilty by a jury and fined $100 and costs. He appeals. We affirm.
The citation and complaint was on an Illinois State Police form and stated in part that defendant committed "THE FOLLOWING OFFENSE: [X] Speeding [over the limit] 114.1 m.p.h. in a 70 m.p.h. zone * * * Violation of Illinois Vehicle Code Section No. 11-601B." Because of the way the charge was stated, he argues, first, that he should be granted a new trial because the trial judge refused to instruct the jury that in order to find defendant guilty, they must find that he drove at a rate of at least 114 miles per hour. Secondly, he maintains that if he is not granted a new trial, his fine should be reduced to the amount of $10 plus costs. Defendant's contentions arise from a misinterpretation of the Illinois Vehicle Code, article V of the Supreme Court Rules (Ill. Rev. Stat. 1971, ch. 110A, par. 501 et seq.) and their interrelationship.
The evidence at the trial was undisputed that at the time and place that the defendant is alleged to have committed the offense, the Illinois State Police had in operation a device known as a Vascar which is designed and used to register the speed of passing automobiles. It had recently been checked for accuracy and was being properly operated, in fact, operated in such a way that any error would likely be to the benefit of the motorist whose speed was being registered. It was further undisputed that defendant drove by while his speed was being measured and the instrument recorded his speed to be 114.1 miles per hour. He does not contest that the properly established speed limit for the highway upon which he was travelling was 70 miles per hour.
At all times in question the following provisions of the Illinois Vehicle Code were in effect:
"No person may drive a vehicle upon any highway of this State at a speed which is greater than the applicable statutory maximum speed limit established by paragraphs (c), (d), (e), (f) or (g) of this Section, by Section 11-605 or by a regulation or ordinance made under this Chapter." (Ill. Rev. Stat. 1971, ch. 95 1/2, par. 11-601(b).)
"In every charge of violation of a Section of this Article by failure to observe an applicable speed limit, the complaint and also the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven, and the speed limit which is applicable at the place of the alleged violation." (Ill. Rev. Stat. 1971, ch. 95 1/2, par. 11-610(a).)
"(a) It is a misdemeanor for any person to violate any provision of this Act unless such violation is by this Act or other law of this State declared to be a felony.
(b) Every person convicted of a misdemeanor for a violation of any provision of this Act for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not less than $10 nor more than $100 * * *." (Ill. Rev. Stat. 1971, ch. 95 1/2, par. 16-104.)
No other provision of the Illinois Vehicle Code provided for a penalty for the offense of speeding.
At the same time article V of the Supreme Court Rules (Ill. Rev. Stat. 1971, ch. 110A, par. 501 et seq.) was entitled:
"RULES ON TRIAL COURT PROCEEDINGS IN TRAFFIC AND CONSERVATION OFFENSES, MUNICIPAL ORDINANCE OFFENSES AND CERTAIN MISDEMEANORS BAIL SCHEDULES."
"All traffic offenses, except those requiring a court appearance under Rule 551 and those involving offenses set out in Rule 526(b), 526(c) and 526(e) may be satisfied, without a court appearance, by a written plea of guilty and payment of a fine in the amount of $10 plus costs, except that a charge of speeding more than 10 mph but not more than 20 mph over the speed limit may be satisfied by a written plea of guilty and payment of a fine at the rate of ...