TICKET DEFENSE STRATEGIES

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.

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.

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.