Village of Wilmette v. Michels

Defendant Hugh C. Michels was charged with driving under the influence of intoxicating liquors on December 21, 1982, in violation of a village of Wilmette ordinance that was enacted in 1967. The ordinance provided for a fine of not less than $100 nor more than $500. No jail sentence is provided for or authorized under the ordinance.

On November 23, 1983, following a bench trial, defendant was convicted and fined $350. The trial court applied the “civil burden of proof” and also stated that “[i]t was a particularly close case.” After denial of his motion in arrest of judgment and motion for new…