IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

ST. CLAIR COUNTY, ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS, )Plaintiff, )

) v. ) Non Traffic Complaint No. 1234567

)John Doe )

Accused. )

MOTION TO QUASH ARREST

Now comes defendant, John Doe and moves this Honorable Court to quash a April 24, 2010 arrest on the grounds that the State is without jurisdiction for lack of probable cause to effect said arrest absent a verified complaint sworn to under pain of perjury with complainant and witnesses being examined under oath by a court, and that in order to protect his rights as guaranteed by the Constitution(s) of the United States of America and the State of Illinois, as well as conforming with requirements of law and justice, and in support thereof states:

The Accused was arrested on, and received an Illinois Uniform Traffic Ticket(s) ( Ticket No(s). 6475625 and 6475826), from the Illinois State Police on June 24, 2006, pursuant to a traffic stop on 4-24-10.

The Accused was insufficiently charged with the offense of “No Valid Drivers License” under (625 ILCS 5/6-101), and “Failure to Wear Seat Belt” under (625 ILCS 5/12-603.1).

The Illinois Uniform Traffic Ticket issued to the Accused is not a summons which commands the Accused to appear and answer to a criminal charge, but merely a request to appear which carries no force in compelling the Accused to answer a complaint which is not verified. The Accused may only be commanded to appear before a court upon the issuance of a summons. A summons is different from a notice to appear as one commands an appearance and the other requests an appearance. (Emphasis added)725 ILCS 5/107-1Sec. 107-1. Definitions.     (b) A "summons" is a written order issued by a court which commands a person to appear before a court at a stated time and place. (Emphasis added)    (c) A "notice to appear" is a written request issued by a peace officer that a person appear before a court at a stated time and place. (Emphasis added)

725 ILCS 5/107-11    (a) When authorized to issue a warrant of arrest, a court may instead issue a summons.     (b) The summons shall: 

(6) Command the person to appear before a court at a certain time and place. (Emphasis added)

725 ILCS 5/107-12(a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue

to such person a notice to appear.     (b) The notice shall:

(5) Request the person to appear before a court at a certain time and place. (Emphasis added)    (c) Upon failure of the person to appear a summons or warrant of arrest may issue.

It is clear that the Illinois Uniform Traffic Ticket issued to the Accused is not a command to appear, but only a request to appear. In response to the peace officer’s request to appear, the Accused politely declines. The issuance of a Notice to Appear only provides for the State a procedure for getting persons to appear in court without the State having to otherwise comply with the necessity and inconvenience of issuing an arrest warrant which may only issue upon a sworn complaint. People v. Harding, 1966, 34 Ill.2d 475, 216 N.E.2d 147

In all cases, be they with or without a warrant, there must be a sworn complaint or indictment before any prosecution of the Accused can be deemed as lawful. People v. Harding, 1966, 34 Ill.2d 475, 216 N.E.2d 147. The Illinois Uniform Traffic Ticket is neither a sworn complaint or indictment and affords the State no jurisdiction in the instant matter unless the Accused chooses to appear and enter a plea thereto and proceed to trial without objection. The Accused will not proceed, nor appear, to answer any charge in the instant matter as no lawful order compelling his appearance exists.

The requirement of a “verified complaint” as a prerequisite for the issuance of an arrest warrant is set forth in both the Constitution of the Unites States of America and the Constitution for the State of Illinois.“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Constitution of the United States of America Amendment IV (Emphasis added)“The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.” Constitution for the State of Illinois Article II Section 6 (Emphasis added)

There has been no written statement presented to a court which lawfully charges the Accused with the commission of an offense. 725 ILCS 5/102-8 "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment. 

Illinois law provides for the methods by which a prosecution may be commenced.725 ILCS 5/111-1 When authorized by law a prosecution may be commenced by: (a) A complaint; (b) An information; (c) An indictment. The Illinois Uniform Traffic Ticket is neither a complaint, an information, or an indictment.

The form of charge against the Accused does not meet the lawful requirements for an indictment, as there has been no written statement presented by a Grand Jury to a court which charges the commission of an offense.725 ILCS 5/102-11  "Indictment" means a written statement, presented by the Grand Jury to a court, which charges the commission of an offense.”

The form of charge against the Accused does not meet the lawful requirements for an information, as there is no verified written statement signed by a State’s Attorney and presented to a court which charges the commission of an offense.725 ILCS 5/102-12 "Information" means a verified written statement signed by a State's Attorney, and presented to a court, which charges the commission of an offense.

The form of charge against the Accused does not meet the lawful requirements of a complaint, as there is not a verified written statement presented to a court, which charges the commission of an offense.725 ILCS 5/102-9 "Complaint" means a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense.

“Verification”, has been held by Courts of this State to mean a written statement made under oath or affirmation before any officer empowered to administer oaths and which, for any willfully false or misleading statement made thereof, subjects the affiant to pains and penalty of perjury. Village of Willowbrook v. Miller, App.1966, 72 Ill.App.2d 30, 217 N.E.2d 809, People v. Siex, App.1942, 39 N.E.2d 84, 312 Ill.App. 657.

The power to administer oaths derives from the Legislature and codified at 5 ILCS 5/255 et. seq. (Oaths and Affirmations Act)

There is nothing on the record which satisfies the lawful requirements for a “charge”, be it an “indictment”, “information”, or “complaint”, that being, a written statement, which is verified” and presented to a court, except in the case of an indictment which must be signed by the foreman of a Grand Jury. Absent conformance with the lawful requirements herein enumerated, there can be no lawful charge against the Accused for the commission of an offense. If the State purports that there is a lawful Charge on the record, to which the Accused refutes and objects, the Accused would then assert that such a Charge is insufficient and defective, and not represented by way of an instrument to which he will waive any defects thereof by pleading thereto, offering testimony, or otherwise proceeding to trial without objection. People v. Smith, App.1967, 90 Ill.App.2d 388, 234 N.E.2d 161. Accused does not accept the request to appear by way of the Illinois Uniform Traffic Ticket and will not waive the filing of a complaint, which is defective, and want of verification. Supra. Upon the timely and appropriate pre-trial motion or objection to the lack of statutory sufficiency in producing a verified complaint for the purposes of issuing a warrant for arrest, the State has no discretion and may only proceed upon the filing of a verified complaint. Village of Willowbrook v. Miller, App.1966, 72 Ill.App.2d 30, 217 N.E.2d 809. For there to be an arrest warrant there must first be a sworn complaint, information, or indictment. People v. Harding, 1966, 34 Ill.2d 475, 216 N.E.2d 147. The Illinois Uniform Traffic Ticket is neither a sworn complaint, information, or indictment, and affords the State no jurisdiction in the instant matter.

The Illinois Uniform Traffic Ticket masquerading as a defective and insufficient complaint by which the State seeks to prosecute the Accused also fails to support statutory requirements for the issuance of an arrest warrant found at 725 ILCS 5/107-9 et seq. There is no Complaint which has been presented to a court charging an offense had been committed where the complainant or witnesses were examined under oath or affirmation in violation of 725 ILCS 5/107-9(a). There has been no Complaint which has been subscribed and sworn to by a complainant, in violation of 725 ILCS 5/107-9(b)(4). Absent a lawful Complaint there is, as well, no warrant of arrest against the Accused.

Not only must a criminal complaint be in writing to meet statutory requirements, it must also be subscribed and sworn to by the complainant. People v. Harding, 1966, 34 Ill.2d 475, 216 N.E.2d 147. The Illinois Uniform Traffic Ticket by which the State seeks to charge the Accused with a criminal offense has not been subscribed nor sworn to by a complainant.

WHEREFORE, the Defendant respectfully requests this Honorable Court to quash the arrest of the Accused for charges alleged by way of the above-captioned Illinois Uniform Traffic Ticket for reasons stated herein based on sound legal reasoning, statutory authority, and protections afforded by State and Federal Constitutions.

Respectfully submitted,

_______________________________________John Doe, in Propria Persona123 Main StreetAnytown, Illinois 12345

CERTIFICATE OF SERVICE

I hereby certify that on Tuesday, June 8, 2010, a true and correct copy of the

foregoing document or pleading entitled MOTION TO QUASH ARREST was mailed via U.S.

Post, First Class, by leaving same with counter personnel at the U.S. Postal Office in Anytown,

Illinois and addressed to the:

Circuit Court of the Twentieth Judicial District, St. Clair County, Illinois

#10 Public Square

Belleville, Illinois 62220

John Doe

Anytown, Illinois USA