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VILLAGE OF MUNDELEIN v. HARTNETT

No. 82-674.

117 Ill. App.3d 1011 (1983)

454 N.E.2d 29

THE VILLAGE OF MUNDELEIN, Plaintiff-Appellee, v. WILLIAM HARTNETT, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied October 17, 1983.

Attorney(s) appearing for the Case

Thomas M.P. Hannigan, of Mundelein, for appellant.

Charles W. Smith, of Rosing, Carlson & Magee, Ltd., of Waukegan, for appellee.

Judgment reversed.

JUSTICE HOPF delivered the opinion of the court:

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. 95 1/2, par. 11-501(c), as amended), when the ordinance itself provides for only the imposition of a fine.

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