CHAPTER 76

MOTOR VEHICLE CRIMES

 

76.01 Driving while under the influence of alcohol, other drug, or combination thereof

76.02 Suspension of driver's license; implied consent

76.03 Chemical and other tests

76.04 Transportation of alcoholic liquor; penalty

76.05 Permitting a driver under the influence to operate a motor vehicle

76.06 Reckless driving; aggravated reckless driving

76.07 Accidents involving death or personal injuries

76.08 Duty to give information and render aid

76.09 Accident involving damage to vehicle

76.10 Duty upon damaging unattended vehicle or other property

76.11 Duty to report accident

76.12 False reports

76.13 When driver fails to report

 

§ 76.01  DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, OTHER DRUG, OR COMBINATION THEREOF.

  1. A person shall not drive or be in actual physical control of any vehicle within this municipality while:

  1. The alcohol concentration in the person's blood or breath is eight hundredths (0.08) or more based on the definition of blood and breath units in § 76.03;

  2. Under the influence of alcohol;

  3. Under the influence of any other drug or combination of drugs to a degree which renders the person incapable of safely driving;

  4. Under the combined influence of alcohol and any other drug or drugs to a degree which renders the person incapable of safely driving; or

  5. There is any amount of a drug, substance, or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in Ill. Rev. Stat. Ch. 56½, § 701 et seq. or a controlled substance listed in Ill. Rev. Stat. Ch. 56½, § 1100 et seq.

  1. 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. 

(Ill. Rev. Stat. Ch. 95½, § 11-501 (a),(b))

 

§ 76.02  SUSPENSION OF DRIVER'S LICENSE; IMPLIED CONSENT.

  1. Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this municipality shall be deemed to have given consent, subject to the provisions of § 76.03, 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 traffic ticket, for any offense as defined in § 76.01. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered.

  2. 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 division (A) above and the test or tests may be administered, subject to the provisions of § 76.03

  3. 1.  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 the statutory summary suspension of such person's privilege to operate a motor vehicle as provided in Ill. Rev. Stat. Ch. 95½, § 6-208.1. The person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in division (A) above and the alcohol concentration in such person's blood or breath is 0.08 or greater, or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis, as covered by Ill. Rev. Stat. Ch. 56½, § 701 et seq., or a controlled substance listed in Ill. Rev. Stat. Ch. 56½, § 1100 et seq., is detected in the person's blood or urine, a statutory summary suspension of such person's privilege to operate a motor vehicle, as provided in Ill. Rev. Stat. Ch. 95½„ § 6-208.1 and this section, will be imposed.

2.  A person who is under the age of twenty one (21) at the time the person is requested to submit to a test as provided above shall, in addition to the warnings provided for in this section, be further warned by the law enforcement officer requesting the test that if the person submits to the test or tests provided in division (A) of this section and the alcohol concentration in the person's blood or breath is greater than zero (0.00) and less than 0.08, a suspension of the person's privilege to operate a motor vehicle, as provided under Ill. Rev. Stat. Ch. 95½, §§ 6-208.2 and 11-501.8, will be imposed. The results of this test shall be admissible in a civil or criminal action or proceeding arising from an arrest for an offense as defined in Ill. Rev. Stat. Ch. 95½ 11-501 or a similar provision of a local ordinance or pursuant to Ill. Rev. Stat. Ch. 95½ § 11-501.4 in prosecutions for reckless homicide brought under the Criminal Code of 1961. These test results, however, shall be admissible only in actions or proceedings directly related to the incident upon which the test request was made.

  1. If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in Ill. Rev. Stat. Ch. 56½, § 701 et seq., or a controlled substance listed in Ill. Rev. Stat. Ch. 56½, § 1100 et seq., the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were requested pursuant to division (A) above and the person refused to submit to a test, or tests, or submitted to testing which disclosed an alcohol concentration of 0.08 or more.

  2. Upon receipt of the sworn report of a law enforcement officer submitted under division (D) above, the Secretary of State shall enter the statutory summary suspension for the periods specified in Ill. Rev. Stat. Ch. 95½, § 6-208.1, and effective as provided in division (G) below. If the person is a first offender as defined in Ill. Rev. Stat. Ch. 95½, § 11-500, and is not convicted of a violation of § 76.01, then reports received by the Secretary of State under this section shall, except during the actual time the statutory summary suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities or the Secretary of State.

  3. The law enforcement officer submitting the sworn report under division (D) shall serve immediate notice of the statutory summary suspension on the person and such suspension shall be effective as provided in division (G). In cases where the blood alcohol concentration of 0.10 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis, as covered by Ill. Rev. Stat. Ch. 56½, § 701 et seq., or a controlled substance listed in Ill. Rev. Stat. Ch. 56½, § 1100 et seq., is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer shall give notice as provided in this section or by deposit in the United States mail of such notice in any envelope with postage prepaid and addressed to such person at his address as shown on the Uniform Traffic Ticket and the statutory summary suspension shall begin as provided in division (G). The officer shall confiscate any Illinois driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, which will allow that person to drive during the periods provided for in division (G). The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report provided for in division (D).

  4. The statutory summary suspension referred to in this section shall take effect on the forty-sixth (46th) day following the date the notice of the statutory summary suspension was given to the person.

  5. The following procedure shall apply whenever a person is arrested for any offense as defined in § 76.01. Upon receipt of the sworn report from the law enforcement officer, the Secretary of State shall confirm the statutory summary suspension by mailing a notice of the effective date of such suspension to the person and the court of venue. However, should the sworn report be defective by not containing sufficient information or be completed in error, the confirmation of the statutory summary suspension shall not be mailed to the person or entered to the record, instead the sworn report shall be forwarded to the court of venue with a copy returned to the issuing agency identifying any such defect.

(Ill. Rev. Stat. Ch. 95½, § 11-501.1)

 

§ 76.03  CHEMICAL AND OTHER TESTS.

  1. Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in § 76.01 or proceedings pursuant to Ill. Rev. Stat. Ch. 95½, § 2-118.1 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 admissible. Where such a test is made the following provisions shall apply:

  1. Chemical analysis of the person's blood, urine, breath, or other bodily substance to be considered valid under the provisions of this section shall have been performed according to standards promulgated by the State Department of Public Health in consultation with the Department of State Police by a licensed physician, registered nurse, trained phlebotomist acting under the direction of a licensed physician, certified paramedic, or other 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 § 76.02, only a physician authorized to practice medicine, a registered nurse, trained phlebotomist, or certified paramedic, or other qualified person approved by the State 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.

  3. The person tested may have a physician, or a qualified person of their own choosing administer a chemical 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 person 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 enforcement officer, full information concerning the test or tests shall be made available to the person or the person's attorney.

  5. Alcohol concentration shall mean either grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath.

  1. Upon the trial of any civil or criminal action or proceeding arising out of the 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 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 concentration in excess of 0.05 but less than 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 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.

  1. 1.  If a person under arrest refuses to submit to a chemical test under the provisions of § 76.02, evidence of refusal shall be admissible 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 of a motor vehicle.

2.  Notwithstanding any ability to refuse under this code to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a motor vehicle driven by or in actual physical control of a person under the influence of alcohol, any other drug, or combination of both has caused the death or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath or urine for the purpose of determining the alcohol content thereof or the presence of any other drug or combination of both. This provision does not affect the applicability of or imposition of driver's license sanctions under Ill Rev. Stat. Ch. 95½, § 11-501.1.

 

3.  For purposes of this section, a personal injury includes any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.

(Ill. Rev. Stat. Ch. 95½, § 11-501.2)

 

§ 76.04  TRANSPORTATION OF ALCOHOLIC LIQUOR; PENALTY.

  1. Except as provided in division (C) below, no person shall transport, carry, possess, or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this municipality except in the original container and with the seal unbroken.

  2. Except as provided in division (C) below no passenger may carry, possess, or have any alcoholic liquor within any passenger area of any motor vehicle upon a highway in this municipality except in the original container and with the seal unbroken.

  3. This section shall not apply to passengers on a chartered bus when it is being used for purposes for which chartered busses are ordinarily used or on a motor home or mini-motor home as defined in Ill. Rev. Stat. Ch. 95½, § 1-145.01. However, the driver of the vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of the driver's failure to obey this section.

  4. The exemption applicable to chartered busses under division (C) above does not apply to any chartered bus being used for school purposes.

  5. Any driver who is convicted of violating division (A) of this section for a second or subsequent time within one (1) year of a similar conviction shall be subject to suspension of driving privileges as provided in Ill. Rev. Stat. Ch. 95½, § 6-206(24)(a). (Ill. Rev. Stat. Ch. 95½, § 11-502)

  6. Whoever violates any provision of this section shall be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00). (Ord. 1387, passed 10-3-83)

§ 76.05  PERMITTING A DRIVER UNDER TIE INFLUENCE TO OPERATE A MOTOR VEHICLE.

 

No person shall knowingly cause, authorize, or permit a motor vehicle owned by, or under the control of, the person to be driven or operated upon a highway by anyone who is under the influence of alcohol, other drugs, or combination thereof. This provision shall not apply to a spouse of the person who owns or has control of, or a co-owner of, a motor vehicle, or to a bailee for hire. (Ill. Rev. Stat. Ch. 95½, § 6-304.1) Penalty, see § 70.99

 

§ 76.06  RECKLESS DRIVING; AGGRAVATED RECKLESS DRIVING.

  1. Any person who drives any vehicle with a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

  2. Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except as provided under division (C) of this section.

  3. Every person convicted of committing a violation of division (A) shall be guilty of aggravated reckless driving if the violation results in a great bodily harm or permanent disability or disfigurement to another. Aggravated reckless driving is a Class 4 felony.

(Ill. Rev. Stat. Ch. 95½, § 11-503(a)) Penalty, see § 70.99

 

§ 76.07  ACCIDENTS INVOLVING DEATH OR PERSONAL INJURIES.

  1. The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of § 76.09 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary.

  2. Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one (1) hour after the motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one (1) hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of the vehicle, at the police station or sheriffs office near the place where the accident occurred. No report made as required under this division shall be used, directly or indirectly, as a basis for the prosecution of any violation of division (A).

  3. For purposes of this section, personal injury shall mean any injury requiring immediate professional treatment in a medical facility or doctor's office.

  4. In addition to other penalties provided, the Secretary of State shall revoke the driving privilege of any person convicted of a violation of this section.

(Ill. Rev. Stat. Ch. 95½, § 11-401) Penalty, see § 70.99

 

§ 76.08  DUTY TO GIVE INFORMATION AND RENDER AID.

  1. The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, address, registration number, and owner of the vehicle the driver is operating, and shall upon request and if available, exhibit the driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with, and shall render to any person injured in the accident reasonable assistance, including the carrying or the making of arrangements for the carrying of the person to a physician, surgeon, or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

  2. If none of the persons entitled to information pursuant to this section is in condition to receive and understand the information and no police officer is present, the driver, after rendering reasonable assistance, shall forthwith report the accident at the Police Department, disclosing the information required by this section.

(Ill. Rev. Stat. Ch. 95½, § 11-403) Penalty, see § 70.99

 

§ 76.09  ACCIDENT INVOLVING DAMAGE TO VEHICLE.

  1. The driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of the motor vehicle accident until the requirements of this chapter have been fulfilled. Every stop shall be made without obstructing traffic more than is necessary.

  2. Upon conviction of a violation of this section, the court shall make a finding as to whether the damage to a vehicle is in excess of one thousand dollars ($1,000.00), and in such case a statement of this finding shall be reported to the Secretary of State with the report of conviction.

(Ill. Rev. Stat. Ch. 95½, § 11-402) Penalty, see § 70.99

 

§ 76.10  DUTY UPON DAMAGING UNATTENDED VEHICLE OR OTHER PROPERTY.

 

The driver of any vehicle which collides with or is involved in a motor vehicle accident with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, registration number, and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver's name, address, registration number, and owner of the vehicle the driver was driving and shall without unnecessary delay notify the Police Department and shall make a written report of such accident when and as required in § 76.12. Every such stop shall be made without obstructing traffic more than is necessary. (Ill. Rev. Stat. Ch. 95½, § 11-404) Penalty, see § 70.99

 

§ 76.11  DUTY TO REPORT ACCIDENT.

  1. The driver of a vehicle which is in any manner involved in an accident within this municipality, resulting in injury to or death of any person or in which damage to the property of any one address, person, including himself, in excess of two hundred fifty dollars ($250.00) is sustained shall, as soon as possible but not later than ten (10) days after the accident, file with the Police Department a copy of the accident report required to be filed with the state under Ill. Rev. Stat. Ch. 95½, § 11-406.

  2. Whenever a school bus is involved in an accident in this municipality, caused by a collision, a sudden stop, or otherwise, resulting in any property damage, personal injury, or death, and whenever an accident occurs within fifty (50) feet of a school bus in this municipality resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus, the driver shall as soon as possible, but not later than ten (10) days after the accident, forward a written report to the Police Department. If a report is also required under division (A) above, that report and the report required by this division (B) shall be submitted on a single form.

  3. The Chief of Police may require any driver, occupant, or owner of a vehicle involved in an accident of which report must be made as provided in this section or § 76.14 to file supplemental reports whenever the original report is insufficient in the opinion of the Chief of Police and may require witnesses of the accident to submit written reports. The report may include photographs, charts, sketches, and graphs.

  4. Should the Police Department learn through other reports of accidents required by law of the occurrence of an accident reportable under §§ 76.08 through 76.14 and the driver, owner, or witness has not reported as required under (A) or (C) above or § 76.14 within the time specified, the person is not relieved of the responsibility and the Police Department shall notify the person by first class mail directed to his last known address of his legal obligation. However, the notification is not a condition precedent to impose the penalty for failure to report as provided in (E) below.

  5. The Secretary of State shall suspend the driver's license or any nonresident's driving privilege of any person who fails or neglects to make report of a traffic accident as herein required or as required by any other law of this state.

(Ill. Rev. Stat. Ch. 95½, § 11-406)

Statutory reference:

Authorization for municipalities to require accident reports, see Ill. Rev. Stat. Ch. 95½, 

§ 11-415

 

§ 76.12  FALSE REPORTS.

 

Any person who provides information in an oral or written report required by §§ 76.08 through 76.14 with knowledge or reason to believe that the information is false shall be punished as provided in § 70.99. (Ill. Rev. Stat. Ch. 95½, § 11-409)

 

§ 76.13  WHEN DRIVER FAILS TO REPORT.

 

Whenever the driver of a vehicle is physically incapable of making a required written accident report and if there was another occupant in the vehicle at the time of the motor vehicle accident capable of making a written report, the occupant shall make or cause the written report to be made. If the driver fails for any reason to make the report the owner of the vehicle involved in the motor vehicle accident shall, as soon as practicable, make the report to the Police Department. (Ill. Rev. Stat. Ch. 95½, § 11-410)