Q: officer did not file the ticket, how long can he wait to file it? Illinois resident
Pulled over for speeding and ticketed for 10g cannabis. Went to court, actually had no court because the ticket for cannabis was never filed, but my speeding ticket was.
A:
Illinois Supreme Court Rule 552 . This Illinois Supreme Court Rules say that police departments should file tickets with 48 hours after a ticket is issued. Specifically, the language of the rule says, in part that:
“…The arresting officer shall complete the form or ticket and, within 48 hours after the arrest, shall transmit the portions entitled “Complaint” and “Disposition Report” and, where appropriate, “Report of Conviction,” either in person or by mail, to the clerk of the circuit court of the county in which the violation occurred…”
Dismissal of a traffic ticket is still warranted and proper when a litigant can demonstrate that “the procedure used by the officer or police department was a part of a pattern of clear and consistent violation of Rule 552.” ¶ 11 citing Hanna, 185 Ill. App. 3d at 410.
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