• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Traffic Ticket - Motion to Dismiss?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

depeche

Guest
After an accident, my friend was issued at a ticket for "Failure to Yield to Oncoming Traffic." (Illinois) That is all the ticket says about the nature of the alleged violation. It does not cite any particular code section at all. The Illinois Code provides for a motion to dismiss if "the charge does not state an offense." "Offense" is defined as a "violation of any penal statute" of this state. So the question is -- can you state an offnese withour specifically citing any penal statute. The obvious problem is one would know how tod defend a charge he cannot define. I do relaize that if it dismissed for this that it could be re-filed. But, I would like to know if failure to cite statute on traffic tickets is grounds for dismissal, or if he would need to file for a Bill of Particulars? Thank you.
 


ALawyer

Senior Member
It clearly seems to state an offense, but as to the "gloss" -- the interpretation of Illinois courts on the need to cite a section of the penal code, I'd suggest you check the statute books for the annotations of the section you mention -- I am sorry that I can't help you on that

------------------
This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top