Reckless Driving In Illinois

[BlackPeaceStone]

What is the name of your state? IL

Does anyone know the Statutes of Limitations for filing a Reckless Driving Charge in IL? And does the trial need to end on this date or is the date for the charge to be filed?

 

[JETX]

"Does anyone know the Statutes of Limitations for filing a Reckless Driving Charge in IL?"
*** What do you mean? The 'filing' is done at the time the ticket is issued, which is presumably at the time of the incident. Are you saying that a citation was not issued until some time later?? If so, how much time elapsed from the date of the incident to the citation issue??

"And does the trial need to end on this date or is the date for the charge to be filed?"
*** The time would run from the date of the incident to the start of trial.

 

[BlackPeaceStone]

The Incident occured on March 19, 2003. I was first charged with aggravated battery a few days later. On March 19, 2004 the charges of aggravated battery were dropped and the States attorney said it plans on filing new charges of Reckless Driving at a later date. I was under the impression that the Statutes of Limitation for filing this charge was only 1 year i IL. I also heard other say 18 months. I just want to check and confirm this.

 

[JETX]

According to Illinois Criminal Code:
"720 ILCS 5/3-5
General Limitations.
(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, concealment of homicidal death, treason, arson, aggravated arson, forgery, or (2) any offense involving sexual conduct or sexual penetration as defined by Section 12-12 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense and the identity of the offender is unknown after a diligent investigation by law enforcement authorities, may be commenced at any time. Clause (2) of this subsection (a) applies only if the victim reported the offense to law enforcement authorities within 2 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6.
(b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3-6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor."

From the above, the prosecution in your misdemeanor must be COMMENCED within 18 months of the violation.

 

[BlackPeaceStone]

Can you explain to me what COMMENCED means in this term. Is pre-trial considered the start of commencement or is the day the jury is selected for the case considered commencement ?

 

[JETX]

Tthe trial COMMENCES when the jury is sworn.