DUI Case Survives Rule 504 Challenge

Case Name: People v. Love (.pdf)

Court: Appellate Court of Illinois, Third District

Date Decision Filed: 6/3/09

In this DUI case, a police officer gave the defendant, on her citation, a first court date that was more than 60 days after the defendant’s arrest.  Illinois Supreme Court Rule 504 provides that, in traffic cases, “an accused’s first appearance in court shall not be less than 14 days but within 60 days after the date of the arrest, whenever practicable.”  The defendant filed a motion to dismiss her case since her first court appearance was more than 60 days after the date of her arrest.  The trial court agreed with the defendant and dismissed her case.  The state’s attorney’s office decided to re-file the case despite the earlier dismissal by the trial court.  The trial court again dismissed the case.  The State appealed and the appellate court reversed the trial court.  It decided, based on existing authority, that the State was permitted to re-file the case.

Jeremy Richey

UPDATE: A modified special concurrence was filed in this case on 7/7/09.  It is available here (.pdf).

Jeremy J. Richey, Attorney at Law
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