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eBook details

• Title: Vil. Park Forest v. Wojciechowski
• Author : Supreme Court of Illinois
• Release Date : January 26, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This appeal comes to us upon the certification of the trial judge that the validity of an ordinance of the Village of Park Forest is involved and that the public interest requires a direct appeal to this court. Ill. Rev. Stat. 1961, chap. 110, par. 75 (1) (c). On September 2, 1962, a complaint filed in a justice of the peace court charged the defendant William Wojciechowski, with having violated sections of the village's traffic code relating to reckless driving and driving while under the influence of alcohol. Under a general provision of the code, each offense, as were other violations, was punishable by a fine of not less than $1 nor more than $200. Subsequently, but before the charges were heard, both the reckless driving and drunken driving provisions of the code were changed, the ""amendatory ordinance"" reciting in each case that the old section was ""deleted"" and the new provision ""substituted therefor."" In substance, although by different wording, the amendments re-enacted the provisions of the former sections. However, there was added to the drunken driving section a paragraph permitting presumptions of either intoxication or non-intoxication to be drawn from evidence relating to the alcoholic content of an accused person's blood, and a paragraph which specifically fixed and increased the punishment for a violation of this section. At all times pertinent in this proceeding it has been conceded by the village that the penalty provision of the latter amendatory ordinance is invalid inasmuch as the punishment provided is in excess of that authorized by statute for the violation of a municipal ordinance, (See: Ill. Rev. Stat. 1961, chap. 24, par. 1-2-1; City of Chicago v. Thomas, 228 Ill. App. 65; McQuillin on Municipal Corporations, 3rd ed., vol. 6, sec. 20.66, p. 161,) and it is agreed by all that the former general penalty provision of the code remains in effect. See Rippinger v. Niederst, 317 Ill. 264, 272.

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