Loading...
HomeMy WebLinkAboutOrd 3548 07/16/1985 ORDINANCE NO. 3548 AN ORDINANCE TO AMEND SECTION 18.501.1(C) OF THE VILLAGE OF MOUNT PROSPECT CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Section 18.501.1 entitled "Suspension of Drivers License; Implied Consent" of Chapter 18 of the Village Code of Mount ProspeCt, Illinois (1981) as amended is hereby further amended by amending Section 18.501.1(C) to be read as follows: A person requested to sub~it to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to Submit to the test will result in suspension of such person's license to operate a motor vehicle for six (6) months for the first such arrest and refusal and a suspension of such privilege for twelve (12) months for the second and each subsequent such arrest and refusal within five (5) years. Following this warning, if a person under arrest refuses upon the request of a law enforcement officer to submit to a test designated by the chief of police as provided in paragraph A. of this Section, none shall be given, but the law enforcement officer shall file with the Clerk of the Circuit Court of Cook County wherein the arrest was made a sworn statement naming the person refusing to take and complete the test or tests requested under the provisions of this Section. Such sworn statement shall identify the arrested person, such person's driver's license number, and current residence address and shall specify that a refusal by said person to take the test or tests was made. such sworn statement shall include a statement that the arresting officer had reasonable cause to believe the person was driving the motor vehicle within this Village while under the influence of alcohol, other drug, or combination thereof and that such test or tests were made as an incident to and following the lawful arrest for an offense as defined in Section 18.501 and that the person after being arrested for an offense arising out of acts alleged to have been committed while so driving or in actual physical control of a motor vehicle refused to submit to and complete a test or tests as requested by the law enforcement officer. Such person shall thereupon be notified in writing by the Clerk of the Circuit Court that the person's privilege to operate a motor vehicle will be suspended unless, within twenty-eight (28) days from the date of mailing of the notice, such person shall request in writing a hearing thereon; said notice shall be mailed to such person at the person's last known address, as evidenced by the person's driver's license if presented, unless hand delivered at the time of the issuance of the uniform traffic citation; if the person desires a hearing, such person shall file a request in the Circuit Court of Cook County for such hearing. Such hearing shall proceed in the Court in the same manner as other civil proceedings, shall cover only the issues of whether the person placed under arrest for an offense as defined in Section 18.501.of this Code as evidenced by the issuance of a uniform traffic ticket; whether the arresting officer had reasonable grounds'to believe that such person was driving or in actual physical control of the motor vehicle while under the influence of alcohol, other drug, or combination thereof; and whether such person refused to submit and complete the test or tests upon the request of the law enforcement officer. Whether the person was informed that such person's priviledge to drive would be suspended if such person refused to submit to the test or tests shall not be an issue. Immediately upon the termination of the Court proceeding, a notice shall be sent to the Secretary of State of the Court's decision." SECTION TWO: If any provision or part thereof of this Ordinance is declared by a Court of competent jurisdiction to be invalid and if no further force and effect, such invalidity shall not affect the remaining provisions of this ordinance which shall remain in full force and effect. SECTION THREE: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in the manner provided by law. DATED: This 16th PASSED: APPROVED by me this ATTESTED and FILED of June day of June , 1985. AYES: 6 NAYS: 0 ABSENT: 0 16th day of June , 1985. Presi~~f t~he V~illag~e of Mount Prospect with the Village Clerk this 16th day , 1985. Village Clerk