Chicago Police DepartmentSpecial Order S04-14-03
Mandatory Court Appearance
Issue Date:03 September 2015Effective Date:03 September 2015
Rescinds:09 March 2015 version
Index Category:Preliminary Investigations
I.Purpose
This directive outlines traffic and conservation offenses that require a mandatory court appearance.
II.Mandatory Court Appearance under Illinois Supreme Court Rule 551
A court appearance is required under Illinois Supreme Court Rule 551 for:
  • A.All alleged Class A and Class B misdemeanor violations of the Illinois Vehicle Code, as amended (625 ILCS 5/1-100 et seq.).
    EXAMPLE:
    Driving while license suspended, 625 ILCS 5/6-303
    Display of false insurance card, 625 ILCS 5/3-707
    Street Racing, 625 ILCS 5/11-506
    Speeding 26 miles per hour or more in excess of applicable limit, 625 ILCS 5/11-601.5; etc.
  • B.All alleged violations of the following sections:
    ILCSDESCRIPTION
    625 ILCS 5/3-707 Operating without insurance
    625 ILCS 5/3-708 Operating when registration suspended for non-insurance
    625 ILCS 5/6-101No valid driver's license
    625 ILCS 5/6-104Drivers license-proper classification, motorcycle etc.
    625 ILCS 5/6-113Drivers license-violation of restrictions
    625 ILCS 5/6-301Unlawful use of license or permit
    625 ILCS 5/11-409False report
    625 ILCS 5/11-1414(a)Passed school bus-loading or unloading
    625 ILCS 5/15-112(g)Refusal to stop and submit vehicle and load to weighing after being directed to do so by an officer, or removal of load prior to weighing
    625 ILCS 5/15-301(j)Violation of excess size or weight permit
  • C.All alleged violations of the Child Passenger Protection Act, as amended (625 ILCS 25/1 et seq.).
  • D.Any traffic offense which results in an accident causing injury or death to any person other than the accused.
  • E.Conservation offenses for which more than $120 bail is required under Rule 527 or for which civil penalties are required under section 20-35 of the Fish and Aquatic Life Code, as amended (515 ILCS 5/20-35), or section 3.5 of the Wildlife Code, as amended (520 ILCS 5/3.5).
  • F.In accordance with Illinois Supreme Court Rule 503, offenses arising from multiple charges require a mandatory court appearance EXCEPT:
    • 1.when court appearances are not otherwise required for each of the individual charges and the motorist elects to post a separate cash bond on each charge in which the total amount does not exceed $500, or
    • 2.when court appearances are not otherwise required for each of the individual charges and the motorist elects to post a valid and approved bond certificate for all charges in which the total amount does not exceed $500.
  • G.Violation of any ordinance of any unit of local government comparable to those specified in section II-A through II-E of this directive.
  • H.Any minor traffic offense where the statutory minimum fine is greater than $95, except those offenses involving truck violations under Rule 526 (b) (1) or similar municipal ordinances.
    NOTE:
    Such offenses that require a mandatory court appearance include but are not limited to: Stop signs (MCC 9-24-010), Negligent Driving (MCC 9-40-140), Drivers to exercise due care (MCC 9-40-160), Driving with view obstructed prohibited (MCC 9-40-250(d)), and Driving, standing, or parking on bicycle paths or lanes prohibited (MCC 9-40-060).
(Items indicated italics/double underline have been added or revised).
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
15-142 RCL