People v. Kenney

The State appeals from an order which dismissed a renewed charge of reckless driving brought against defendant under a Uniform Traffic Complaint (Ill. Rev. Stat. 1973, ch. 95%, par. 11 — 503) after a prior dismissal for want of prosecution. The State contends that the trial court did not have authority to dismiss the original complaint because the State’s Attorney failed to appear on time and therefore that the refiled complaint did not place defendant in double jeopardy.

The original charge had been finally set for trial on August 8,1975, upon defendant’s plea of not guilty. The cause was…