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