People v. Geiler

Illinois Appellate Court
Criminal Court
Traffic
Citation
Case Number: 
2015 IL App (5th) 140423
Decision Date: 
Wednesday, February 11, 2015
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed.
Justice: 
MOORE
(Modified upon denial of rehearing 3/10/15.) Court properly granted motion of Defendant to dismiss traffic citation for failure to timely file citation with circuit clerk within 48 hours. City Detective testified that City police department consistently transports traffic citations to circuit clerk on Mondays and Fridays, causing citations issued on Tuesdays to be filed beyond the 48-hour deadline of Rule 552, along with tickets issued on Mondays and Fridays after citations have been delivered to clerk. Thus, even though Rule 552's language that citations shall be delivered to circuit clerk within 48 hours is directory, a clear and consistent violation of Rule 552 occurred, and dismissal of citation was proper. (STEWART and SCHWARM, concurring.)