[Ord. No. 90 §2, 10-4-1982]
A person commits the offense of driving while intoxicated if
he operates a motor vehicle while in an intoxicated or drugged condition.
[Ord. No. 90 §2, 10-4-1982; Ord.
No. 685 §1, 7-2-2001]
A person commits the offense of driving with excessive blood
alcohol content if he operates a motor vehicle with eight-hundredths
of one percent (.08%) or more by weight of alcohol in his blood.
[Ord. No. 331 §1, 5-20-1991]
A.
It
shall be unlawful for a person to:
1.
Drive a commercial motor vehicle, as defined by Chapter 302 of the
Missouri Statutes, while having an alcohol concentration of four hundredths
percent (.04%) or more as prescribed by the Secretary of Transportation
of the United States or such other alcohol concentration as may be
later prescribed by the Secretary of Transportation of the United
States.
2.
Drive a commercial vehicle while under the influence of any substance
so classified under Section 102(6) of the Controlled Substance Act
(21 USC) 802(6), including any substance listed in Schedules I-VI
of 21 CRF Part 130A, as they may be revised from time to time.
[Ord. No. 90 §2, 10-4-1982]
[Ord. No. 90 §2, 10-4-1982]
As used herein, the term "percent by weight of alcohol" shall have the same meaning as provided by State law, in RSMo.
§§577.012.
[Ord. No. 90 §2, 10-4-1982]
Any person who operates a motor vehicle shall be deemed to have
given consent to a chemical test or tests of his breath, blood, saliva,
or urine for the purpose of determining the alcohol or drug content
of his blood. Such tests shall be performed according to the provisions
of State Law, in RSMo. §§577.020 through 577.041.
[Ord. No. 90 §2, 10-4-1982]
A.
Any
arrest for driving while intoxicated shall be handled as any other
arrest for an offense of the same severity, except as follows:
1.
As soon as practicable following such arrest, the Police Department
shall obtain the driving record of the person arrested.
2.
No person who has a prior conviction for driving while intoxicated
or driving with excessive blood alcohol content within ten (10) years
of the date of the present alleged offense shall be prosecuted through
the Municipal Court until after the State Prosecuting Attorney shall
have had the opportunity to review the case and to consider filing
appropriate State charges.
3.
In all other cases, the City Prosecuting Attorney shall have the
discretion to file the appropriate charge with the Municipal Court
or he may refer the case to the State Prosecuting Official.
4.
The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this Section shall not invalidate any prosecution or be cause to overturn any conviction for violations of Sections 340.190 or 340.200 above, but may be reason for discipline of the City official(s) violating this Article.
[Ord. No. 90 §2, 10-4-1982]
[Ord. No. 692 §1, 9-4-2001]
Any person who is convicted or pleads guilty to a speeding violation
or passing/overtaking a vehicle in a work/construction zone when there
was a person present performing duties in the work/construction zone
and appropriate signs were posted stating "Warning: $250.00 fine for
speeding or passing in this work zone" shall be assessed a fine of
two hundred fifty dollars ($250.00) in addition to any other fines
assessed; except that any person assessed the two hundred fifty dollars
($250.00) shall not be assessed the thirty-five dollar ($35.00) fine
for any of the following offenses in a construction/work zone: any
moving violation or violation of speeding, or leaving the scene, careless
and imprudent driving, operating without a valid license, operating
with suspended or revoked license, obtaining a license by misrepresentation,
driving while intoxicated, under the influence or BAC, any felony
involving the use of a vehicle, or failure to maintain financial responsibility.
[Ord. No. 90 §2, 10-4-1982]
A.
Any
person convicted of driving while intoxicated shall be fined not less
than one hundred dollars ($100.00) nor more than five hundred dollars
($500.00), confinement in the County Jail for not more than three
(3) months, or both such fine and confinement.
B.
Any
person convicted of driving with blood alcohol content shall be fined
not less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00), confined in the County Jail for not more than three (3)
months, or both such fine and confinement.
C.
Upon
a plea of guilty or a finding of guilty for a first offense of driving
while intoxicated or driving with blood alcohol content, the Court
may (as a condition for suspending any permissible portion of any
sentence or in addition to imposition of any penalties provided by
law) order the convicted person to participate in and successfully
complete an alcohol or drug related traffic offender education or
rehabilitation program as described in RSMo. §577.049. Such a
program may be used as a condition for suspending any permissible
portion of any sentence only one (1) time.
[Ord. No. 376 §1, 8-17-1992]
A.
Upon a plea of guilty or finding of guilty for convictions of Section 340.190 of the City Code, relating to driving while intoxicated or drugged, Section 340.200, relating to excessive blood alcohol content or Section 340.250, relating to driving while intoxicated or drugged while operating a commercial vehicle, the Municipal Court may, in addition to the imposition of any penalties provided by ordinance, order the convicted person to reimburse the Scott City Police Department the costs associated with the arrest. Such costs shall include the reasonable cost of making the arrest, including the costs of any chemical test made under this Article to determine the alcohol or drug content of the person's blood, the costs of processing, charging, booking and holding such person in custody.
B.
The
Chief of the Scott City Police Department shall establish a schedule
of costs relating to chemical tests and the cost of processing, charging,
booking and holding a person in custody, which the Court shall order
each said convicted person to pay, unless the Court determines the
costs are excessive.
C.
All
monies collected pursuant to this Section shall be paid into the Law
Enforcement Training Fund for the benefit of the Scott City Police
Department.
