HomeMy WebLinkAboutOrd 3180 01/19/1982 RDINANCE NO. 3180
AN ORDINANCE TO AMEND ARTICLE V ENTITLED
"DRIVING WHILE INTOXICATED, TRANSPORTING
AIL~!tOLIC LIQUOR AND RECKLESS DRIVING" OF
CHAPTER 18 OF THE VILLAGE CODE OF MOUNT
PROSPECT, ILLINOIS
PASSED AND APPROVED.
BY THE PRESIDENT AND BOARD OF TRUSTEES
THE ]9th~ DAY OF ,7~p~a~¥ , 1982.
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Propsect, Illinois the
20~h. day of January.,
A.D. 1982
RDINANCE NO. 3180
AN ORDINANCE TO AMEND ARTICLE V ENTITLED
"DRIVING WHILE INTOXICATED, TRANSPORTING ALCOHOLIC
LIQUOR AND RECKLESS DRIVING" OF CHAPTER 18 OF
THE VILLAGE CODE OF MOUNT PROSPECT~ ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: Article V entitled "Driving While Intoxicated,
Transporting Alcoholic Liquor and Reckless Driving" of Chapter 18 of
the Village Code of Mount Prospect, Illinois, 1981, is hereby
amended as follows:
A. By deleting Section 18.501 thereof entitled "Persons Under
the Influence of Intoxicating Liquor or Narcotic Drugs" in its
entirety and by substituting in lieu thereof the following:
"Sec. 18.501 Driving While Under the Influence of Alcohol, Other
Drug, or Combination Thereof.
A. A person shall not drive or be in actual physical
control of any vehicle within this Village while:
1. The alcohol concentration in such person's blood
or breath is 0.10 or more based on the definition of blood
and breath units in Section 18.501.2;
2. Under the influence of alcohol;
3. Under the influence of any other drug or combi-
nation of drugs to a degree which renders such person
incapable of safely driving; or
4. Under the combined influence of alcohol and any
other drug or drugs to a degree which renders such person
incapable of safely driving.
B. The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or other
drugs, or any combination of both, shall not constitute a
defense against any charge of violating this Section.
Sec. 18.501.1 Suspension of Driver's License; ImPlied Consent.
A. Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this Village
shall be deemed to have given consent, subject to the provisions
of Section 18.501.2, to a chemical test or tests of blood,
breath, or urine for the purpose of determining the alcohol,
other drug, or combination thereof content of such person's
blood if arrested, as evidenced by the issuance of a Uniform
Traffic Ticket, for any offense as defined in Section 11-501 of
the Illinois Vehicle Code or a similar provision of the Village
Code of the Village of Mount Prospect. The test or tests shall
be administered at the direction of the arresting officer. The
Chief of Police of the Mount Prospect Police Department shall
designate which of the aforesaid tests shall be administered by
their enforcement personnel.
. Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered subject to the provisions of Section 18.501.2
C. A person requested to submit 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 12 months for the second and
each subsequent such arrest and refusal Within 5 years. Follow-
ing 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 follow-
ing 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's privileges to operate a
motor vehicle shall thereupon be subject to suspension pursuant
to the provisions of Section 11.501.1 of the Illinois Vehicle
Code.
Sec. 18.501.2 Chemical and Other Tests.
A. Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined in
Section 18.501, evidence of the concentration of alcohol, other
drug or combination thereof in a person's blood or breath at the
time alleged, as determined by analysis of the person's blood,
urine, breath or other bodily substance, shall be submitted to
the court for admission. Where such test is made the following
provisions shall apply:
1. Chemical analyses of the person's blood, urine,
breath or other bodily substance to be considered valid
under the provisions of this Section shall be performed
according to regulations and standards promulgated by the
Illinois Department of Public Health in consultation with
the Illinois Department of Law Enforcement by an individual
possessing a valid permit issued by that Department for
this purpose.
2. When a person shall submit to a blood test at the
request of a law enforcement officer under the provisions
of Section 18.501.1, only a physician authorized to prac-
tice medicine, a registered nurse or other qualified person
approved by the Illinois Department of Public Health may
withdraw blood for the purpose of determining the alcohol,
drug, or alcohol and drug content therein. This limitation
shall not apply to the taking of breath or urine specimens.
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3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a chemi-
cal test or tests in addition to any administered at the
direction of a law enforcement officer. The failure or
inability to obtain an additional test by a per'son shall
not preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement
officer.
4. Upon the request of the person who shall submit
to a chemical test or tests at the request of a law enforce-
ment officer, full information concerning the test or tests
shall be made available to the person or such person's
attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
B. Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed by
any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood' or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance shall give rinse to the following
pre s umpt ions:
1. If there was at that time an alcohol concentra-
tion of 0.05 or less, it shall be presumed that the person
was not under the influence of alcohol.
2. If there was at that time .an alcohol concentra-
tion in excess of 0.05 but less than 0.10, such facts shall
not give rise to any presumption that the person was or was
not under the influence of alcohol, but such fact may be
considered with other competent evidence in determining
whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentra-
tion of 0.10 or more, it Shall be presumed that the person
was under the influence of alcohOl.
4. The foregoing provisions of this Section shall
not be construed as limiting the introduction of any other
relevant evidence bearing upon the question whether the
person was under the influence of alcohol.
C. If a person under arrest refuses to submit to a chemi-
cal test under the provisions of this Section evidence of
refusal shall be submitted to the court for admission in any
civil or criminal action or proceeding arising out of acts
alleged to have been committed while the person under the
influence of alcohol, or other drugs, or combination of both was
driving or in actual physical control o~f a motor vehicle.
Sec. 18.501.3 Penalties.
Every person who is found guilty of a violation of Section
18.501 shall be punished by a fine of not less than $ 500 nor
more than $2,500 ."
B. By deleting Secton 18.505 thereof entitled "Suspension of
License, Implied Consent~! in its entirety.
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SECTION 2: This Ordinance shall be in full force and effect
from and after its passage, approval and publication in pamphlet
form in accordance with law.
PASSED AND APPROVED this 19th. day of January ' , 1982.
AYES: Arthur, Farley, Floros, Miller, Muraufkis, WattenDerg
NAYS: None
ABSENT: None
PUBLISHED this 20th.day of January , 1982. in pamphlet form.
ATTE ST:
'VILLAGE CLERK
VI LLAGE J P RES I DEN T
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