Ill Criminal - DUI / Jury Demand

Ill App - Criminal - DUI / Jury Demand
People v. Ziobro , Nos. 3-08-0770, 3-08-0771, 3-08-0793, 3-09-0071, 3-09-0072, Cons. (3d Dist. Jan. 13, 2010) LYTTON (Will Co.) Affirmed in part, reversed in part.
Defendants were given first appearance dates on traffic citations beyond prescribed period of Rule 504, and filed motions to dismiss at their first appearance dates. Those defendants who had timely filed jury trial demand 10 days prior to first appearance date, and announced "ready for trial" at first appearance, were entitled to dismissal with prejudice of their DUI citations, as prosecutor was not ready for trial at first appearance. One defendant, whose charge did not include jail time, who had not filed jury demand, and who did not announce ready for trial at first appearance, was not entitled to dismissal with prejudice.