Modified upon denial of rehearing March 10, 2015.
Appeal from the Circuit Court of Madison County. No. 14-TR-8913. Honorable Elizabeth R. Levy, Judge, presiding.
The appellate court affirmed the trial court's dismissal of a traffic citation issued to defendant for violating the speed limit, since the citation was not filed within 48 hours as required by Illinois Supreme Court Rule 552, the city's procedure was a part of a clear and consistent pattern of violation of Rule 552, dismissal was permissible on that basis, and there was no need for the trial court to conduct a prejudice analysis.
For Appellant: Hon. Thomas D. Gibbons, State's Attorney, Edwardsville, IL; Patrick Delfino, Director, Stephen E. Norris, Deputy Director, Patrick D. Daly, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL.
Christopher M. Geiler, Appellee, Pro se, St. Jacob, IL.
Honorable James R. Moore, J., Honorable Bruce D. Stewart, J., and Honorable S. Gene Schwarm, J., Concur. JUSTICE MOORE delivered the judgment of the court, with opinion.
[¶1] The State appeals the July 31, 2014, order of the circuit court of Madison County that granted the motion of the defendant, Christopher M. Geiler, to dismiss a traffic citation for failure to timely file the citation with the circuit clerk within 48 hours, in violation of Illinois Supreme Court Rule 552 (eff. Sept. 30, 2002), as a part of a clear and consistent violation of said rule. On February 11, 2015, we issued our original opinion affirming the judgment of the circuit court. On February 26, 2015, the State filed a petition for rehearing. We hereby issue this modified opinion upon denial of rehearing.
[¶3] On May 5, 2014, the defendant was issued a traffic citation by the police department of the City of Troy for driving 15 miles per hour over the speed limit. The citation was filed in the Madison County circuit clerk's office on May 9, 2014. On June 11, 2014, the defendant filed a pro se motion to dismiss the citation, alleging that it was not processed in a timely fashion, in violation of Illinois Supreme Court Rule 552 (eff. Sept. 30, 2002).
[¶4] A hearing on the motion was held on July 30, 2014, at which the following testimony and evidence was adduced. Todd Hays testified that he is employed as a detective by the Troy police department and has been so employed for over 11 years. He described the citation and complaint-filing process as follows. Once a citation is issued, it is deposited into a secure bond box in the dispatch office. Every Monday and Friday, the supervisors remove the citations from the box, review them, record them on bond sheets, and deliver them to the courthouse. Hays ...