City of Moline Acres v. Brennan
Annotate this CaseDefendant was charged with violating the City of Moline Acres Ordinance 395.010. Defendant moved to dismiss the charge, arguing that the Ordinance and the City’s Notice of Violation contradicted state law and/or violated due process. The circuit court sustained Defendant’s motion and dismissed the charge with prejudice on the ground that the Ordinance and Notice contradicted state speeding statutes. The Supreme Court affirmed, holding that both the Ordinance and Notice are invalid because (1) the Ordinance’s rebuttable presumption that anyone driving an owner’s vehicle does so with the owner’s permission is not constitutionally permissible; and (2) the information charging Defendant is invalid because it is not supported by a notice that conforms to the requirements of Rule 37.33.
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