People v. Geiler

This case presents question as to whether trial court properly granted defendant’s motion to dismiss instant traffic citation, where said citation had not been timely filed with circuit clerk within 48 hours of arrest in violation of Rule 552. Appellate Court, in affirming instant dismissal, noted that record contained evidence of consistent violation of 48-hour deadline and found that although said deadline was merely directory, dismissal was warranted, where record showed clear and consistent pattern of Rule’s violation. Ct. rejected govt. claim that remand was required to determine whether instant 4-day delay in filing citation was prejudicial to defendant.