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TICKET DEFENSE STRATEGIES
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Appearance Date:—
Illinois Supreme Court Rule 504 states: “The date set by the
arresting officer or the clerk of the circuit court for an
accused's first appearance in court shall be not less than
14 days but within 60 days after the date of the arrest,
whenever practicable." If the arresting officer sets your
first appearance date in Court less than 14, or more than
60, days after the date of the arrest, your ticket(s) could
be dismissed. |

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Incorrect Statute: —The arresting officer must
indicate the correct statute on your ticket, and the
prosecutor must prove each element of the correctly charged
violation, in order to win a finding of guilty. If the
arresting officer fails to write the ticket correctly, or if
the prosecutor fails to prove each element of the violation,
your ticket could be dismissed. |
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Speedy Trial:—725 ILCS 5/103-5 states, in part, that
every person on bail or recognizance shall be tried by the
court having jurisdiction within 160 days from the date
defendant demands trial unless delay is occasioned by the
defendant. If your case is not brought to trial within 160
days of your demand for trial, your ticket could be
dismissed. |
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