Village of Mundelein v. Hartnett

The question before us is whether a local ordinance violation for driving under the influence of alcohol is punishable by a jail sentence pursuant to section 11 — 501(c) of the Illinois Vehicle Code (Ill. Rev. Stat. 1981, ch. 95½, par. 11 — 501(c), as amended), when the ordinance itself provides for only the imposition of a fine.

On February 19, 1982, the defendant, William Hartnett, was arrested for the offense of driving while under the influence of alcohol pursuant to Ordinance No. 81 — 12—35 of the village of Mundelein, a non-home-rule municipality. The ordinance was passed on December 21,…