Q: Speeding ticket for going 15 over court date given is more then 60 past incident. does supreme court rule 504 apply?
How do i go about asking the judge for dismissal if court hearing is 2 days away
A:
Hello Asker,
To be honest, I can't give a definitive answer here. There is no set policy that I am aware of regarding rule 504 violations. I've heard of courts dismissing tickets on these grounds and I've heard of courts ignoring the error. To the best of my research, rules violation errors are not a basis for dismissal unless you can prove some prejudice occurred. The only possible prejudice I can think of is that the delay caused you to forget some of how the incident occurred. Not the best reason but degredation of witness memory as a result of delay in trial is one ground for prejudice due to pretrial delay.
My recommendation would be to address the judge when your case is called and announce to him or her know that due to the officer's error in issuing the ticket, there is a rule 504 violation regarding the ticket. After announcing this, STOP TALKING. Wait for the judge to respond. They may on the court's motion dismiss it right there. If not, I would request that they dismiss because the officer and the state/village must comply with the Illinois Supreme Court rules. If the judge still won't dismiss, there's little you can do.
I wish I could have responded to this sooner. I see that there were only two days before the hearing when you posted this question. Please let me know how it went and if you have further questions, please let me know.
Hope that helps and please let me know if you have any questions or need clarification.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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