CHAPTER 8
DRIVERS
SECTION:
9-8-1: Alcohol Or Drugs
9-8-2: Accidents
9-8-3: Unlawful Use Of License, Permit Or Illinois Identification Card
9-8-4: Operation Of Uninsured Motor Vehicle
9-8-1: ALCOHOL OR DRUGS:
   (A)   No person shall drive or be in actual physical control of any vehicle within the village while:
      1.   The alcohol concentration in such person's blood or breath is eight one-hundredths (0.08) or more based on the definition of blood and breath units as defined herein or in 625 Illinois Compiled Statutes 5/11-501.2; or
      2.   Under the influence of alcohol; or
      3.   Under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely; or
      4.   Under the influence of any other drug or combination of drugs to a degree which renders such person incapable of safely driving; or
      5.   Under the combined influence of alcohol and any other drug or drugs to a degree which renders such person incapable of safely driving; or
      6.   There is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the cannabis control act, a controlled substance listed in the Illinois controlled substances act, or an intoxicating compound listed in the use of intoxicating compounds act.
   (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.
   (C)   Every person convicted of violating this section shall be penalized according to the standards listed in 625 Illinois Compiled Statutes 5/11-501(c-h).
In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating this section, including any person placed on court supervision for violating this section, shall be subject to additional administrative sanctions as outlined in Illinois Compiled Statutes.
   (D)   Upon the trial of any civil or criminal action or proceeding arising out of the arrest for an offense as defined in this section, evidence of the concentration of alcohol, or other drug or other combination thereof in a person's blood or breath at the time alleged, as determined by the analysis of the person's blood, urine, breath, or other bodily substance, shall be admissible. Such tests shall be admissible if administered in compliance with the guidelines set forth in Illinois Compiled Statutes.
   (E)   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 rise to the following presumptions:
      1.   If there was at that time an alcohol concentration of four- hundredths (0.04) 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 concentration in excess of four-hundredths (0.04) but less than eight-hundredths (0.08), 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 concentration of eight- hundredths (0.08) 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.
   (F)   If a person under arrest refuses to submit to a chemical test under the provisions of 625 Illinois Compiled Statutes 5/11-501.1, evidence of refusal shall be admissible to any civil or criminal action or proceeding arising out of the 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 of a motor vehicle, including hearings conducted on the issue of the suspension of the person's driver's license pursuant to 625 Illinois Compiled Statutes 5/11-501.1. (Ord. 737, 2-13-2013)
9-8-2: ACCIDENTS 1 :
The driver of a vehicle which has collided with, or been in an accident with any vehicle, person, or property, in such a manner as to cause injury or damage, shall stop immediately, and render such assistance as may be possible, and give his true name and residence to the injured person or any other person requesting the same on behalf of the injured person, or the owner of the property damaged, and to a policeman, if one is present. The driver of each vehicle concerned in any such accident shall report to the nearest police authority promptly after such accident. (Ord. 331, 10-16-1968)

 

Notes

1
1. 625 ILCS 5/11-401 - 5/11-415.
9-8-3: UNLAWFUL USE OF LICENSE, PERMIT OR ILLINOIS IDENTIFICATION CARD:
It is a violation for any person within the village to:
   (A)   Display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered license, permit or Illinois identification card;
   (B)   Lend his license, permit or Illinois identification card to any other person or knowingly allow the use thereof by another;
   (C)   Display or represent as his own any license, permit or Illinois identification card not issued to him;
   (D)   Fail or refuse to surrender to the secretary of state, upon his lawful demand, any license, permit or Illinois identification card, which has been suspended, revoked or canceled;
   (E)   Permit any unlawful use of a license, permit or Illinois identification card issued to him;
   (F)   Submit to an examination or obtain the services of another person to submit to an examination for the purpose of obtaining a driver's license, permit or Illinois identification card for some other person;
   (G)   Do any act forbidden or fail to perform any act required under the Illinois motor vehicle act unless such violation is declared to be a felony by the Illinois motor vehicle act or any other law of this state;
   (H)   Possess or sell any blank license, permit or Illinois identification card; or
   (I)   Display, or cause or permit to be displayed or represent or cause to represent any document which purports to be an official driver's license, permit or Illinois identification card which is not issued by the secretary or other official driver's license agency in another jurisdiction. (Ord. 331-D, 6-27-1990)
Any person in violation of this section regarding use of license, permit, or Illinois identification card shall be guilty of a class A misdemeanor as defined in the Illinois Compiled Statutes and shall be subject to punishment as provided in the Illinois Compiled Statutes for violation of a class A misdemeanor. (Ord. 575, 11-14-2001)
9-8-4: OPERATION OF UNINSURED MOTOR VEHICLE:
   (A)   No person shall operate a motor vehicle unless the motor vehicle is covered by a liability insurance policy in accordance with section 7-601 of the Illinois vehicle code.
   (B)   Any person who fails to comply with a request by a law enforcement officer for display of evidences of insurance, as required under section 7-602 of the Illinois vehicle code, shall be deemed to be operating an uninsured motor vehicle.
   (C)   Any operator of a motor vehicle subject to registration under the Illinois vehicle code who is convicted of violating this section is guilty of a business offense and shall be required to pay a fine of five hundred dollars ($500.00). However, no person charged with violating this section shall be convicted if such person produces in court satisfactory evidence that at the time of the arrest the motor vehicle was covered by a liability insurance policy in accordance with section 7-601 of the Illinois vehicle code. The chief judge of each circuit may designate an officer of the court to review the documentation that at the time of arrest the motor vehicle was covered by a liability insurance policy in accordance with section 7-601 of the Illinois vehicle code. (Ord. 571, 8-12-1998)