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All citations issued by officers must be filed within 48 hours. The remedy is to have the citation dismissed.

Recently, the Fifth District appellate court entered its order in People v. Geiler regarding citations issued by police officers.  The court interpreted the Supreme Court Rule to require each citation be filed within 48 hours with the circuit clerk.  Failure to do so may result in a dismissal of the citation.  The department at the core of this case had routinely been filing citations after the mandatory 48 hours.  The Court determined that pursuant to S. Ct. Rule all citations must be dismissed if they have routinely failed to comply with the rule. 

This ruling has a huge impact on all types of cases that begin with a citation.  DUI, speeding, Reckless Driving, etc. 

 

Brian L. Polinske
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