Second Ditka brother pleads not guilty to DUI

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Mark Ditka

Updated: November 23, 2011 8:04AM

Another son of former Bears Coach Mike Ditka has pleaded not guilty to DUI charges in Lake County court.

Mark Ditka, 48, pleaded not guilty to DUI in court earlier this week. Unlike his brother Michael Ditka, Mark is not facing a felony DUI.

Mark Ditka of Deerfield was arrested Sept. 24 in his Mercedes-Benz after a Deerfield police officer noticed his vehicle did not have a front license plate. Police reported Mark’s eyes were red and bloodshot, his responses slow and words slurred, and his breath smelled of alcohol. His blood-alcohol level test was .16, double the .08 legal limit, police said.

However, his attorney Robert Ritacca has filed a motion asking to rescind the statutory summary suspension because the arresting officer “did not have reasonable grounds to believe that the defendant was driving, or was in actual physical control of a motor vehicle when he was under the influence of alcohol,” the motion states.

The motion also said that Mark was not under arrest and that the officer failed to warn Mark that his license would be suspended if he submitted to the blood-alcohol test.

When testing reveals a blood alcohol concentration of .08 or more or any amount of drug, a person’s driver’s license will be suspended for six or 12 months. Refusal to submit to testing will result in a 12- or 36-month suspension.

Mark Ditka is due back in court Nov. 16. Michael Ditka was arrested April 20 and charged with his third DUI in Lake County. He also has pleaded not guilty and is due back in court Oct. 27.