Villa Park hearing officer finds one driver not liable, voids tow after reviewing ordinance

Hearing Officer Erica Thomas presiding at the Village of Villa Park administrative hearing on April 23, 2026 dismissed an unregistered-vehicle citation and later voided a tow after reviewing the village ordinance.

The most immediately decided case involved an individual called on the record as Michael Kernan in case P5675-709. Kernan told the hearing Officer his vehicle had been in repair following a collision and that it was registered and now displayed disabled-veteran plates. After verifying the vehicle identification number and the plate information, Thomas said, “I’ll go ahead and find you not liable,” and released the individual.

A separate matter involved a driver addressed in the hearing as Mr. Davenport in case T5815-2, listed to Zender Clean Air Solutions LLC. Davenport testified he complied with field sobriety requests, said an on-scene breath test machine was not working and that a station test showed a .04 result, and questioned why officers had the vehicle towed when two other licensed drivers were present. “I blew a .04, which is half the legal limit,” Davenport said in his account of the station test.

Davenport also related that another officer (which he identified by name as “Holt,” noting uncertainty) told him at the scene that he could have driven the vehicle if there had been no other problems. The hearing officer reviewed the village towing ordinance on the record and said the wording did not appear to support the tow. “I’m going to go ahead and void the tow,” Thomas announced.

On reimbursement, participants discussed typical charges and administrative limits. Davenport and the officer discussed that the usual release fee was $500 and the tow company charge was about $400; the hearing officer said village procedures would govern reimbursement and requested the driver’s current address. The driver provided 10559 Diversity Avenue, Melrose Park, Illinois 60164; the officer said a check from the village would be mailed to that address.

Thomas reminded attendees of procedural rules that govern administrative hearings: the standard of proof is a preponderance of the evidence, law-enforcement reports or tickets may serve as prima facie evidence under Illinois law, parties may be represented by counsel at their own expense, fines — if assessed — are due within 30 days, and a party has 35 days from the hearing date to file an administrative review in the Circuit Court of DuPage County.

The hearing concluded after the officer said she would issue written orders reflecting the rulings and provide copies to the parties; those released were permitted to leave.

Why this matters: local towing and ticketing decisions can affect whether residents are reimbursed for release or tow charges and can turn on how municipal code language is written and interpreted. The hearing officer’s ruling to void the tow illustrates how local code interpretation, not only on-scene discretion, can determine outcomes in enforcement actions.

The hearing was adjourned for April 23, 2026. Parties retain the right to pursue an administrative review in the Circuit Court of DuPage County according to the deadlines stated at the hearing.