Illinois Compiled Statutes 625 ILCS 5/11-208.5 – Prosecution of felony DUI by local authorities prohibited
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(a) The powers of a local authority to enact or enforce any ordinance or rule with respect to the streets or highways under its jurisdiction relating to driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof is limited to the enactment and enforcement of ordinances or rules the violation of which would constitute a misdemeanor under § 11-501 of the Illinois Vehicle Code.
(b) A local authority may not enact or enforce any ordinance or rule with respect to streets and highways under its jurisdiction if a violation of that ordinance or rule would constitute a felony under § 11-501 of the Illinois Vehicle Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State‘s Attorney rejects or denies felony charges for the conduct that comprises the charge.
(c) A municipal attorney who is aware that, based on a driver’s history, the driver is subject to prosecution for a felony under § 11-501 of the Illinois Vehicle Code, must notify the State’s Attorney of that county of the driver’s conduct and may not prosecute the driver on behalf of the municipality.
(b) A local authority may not enact or enforce any ordinance or rule with respect to streets and highways under its jurisdiction if a violation of that ordinance or rule would constitute a felony under § 11-501 of the Illinois Vehicle Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State‘s Attorney rejects or denies felony charges for the conduct that comprises the charge.
Terms Used In Illinois Compiled Statutes 625 ILCS 5/11-208.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(c) A municipal attorney who is aware that, based on a driver’s history, the driver is subject to prosecution for a felony under § 11-501 of the Illinois Vehicle Code, must notify the State’s Attorney of that county of the driver’s conduct and may not prosecute the driver on behalf of the municipality.