People v. Ziobro

Illinois Supreme Court
Criminal Court
Due Process
Citation
Case Number: 
No. 110085
Decision Date: 
Thursday, April 21, 2011
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court reversed.
Justice: 
GARMAN
Circuit court had improperly dismissed traffic tickets upon which officer had written a first appearance date beyond the 60 day period provided in Supreme Court Rule 504. Showing of prejudice, in denial of Defendant's due process rights, was required, rather than automatically dismissing tickets based on violation of Rule 504 as to time period for first appearance. (KILBRIDE, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)