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.