As used in this Chapter, the following terms shall have these
prescribed meanings:
INTOXICATED CONDITION
A person is in an "intoxicated condition" when he/she is under the influence of alcohol, a controlled substance
or drug, or any combination thereof.
LAW ENFORCEMENT OFFICER OR ARRESTING OFFICER
Includes the definition of Law Enforcement Officer in Subdivision
(17) of Section 556.061, RSMo., and military Policemen conducting
traffic enforcement operations on a Federal military installation
under military jurisdiction in the State of Missouri.
A person commits the offense of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated or drugged
condition. No person convicted of or pleading guilty to the offense
of driving while intoxicated shall be granted a suspended imposition
of sentence for such offense, unless such person shall be placed on
probation for a minimum of two (2) years.
[Ord. No. 09.48 §1, 10-16-2009]
A. Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Chapter
342, Alcohol-Related Traffic Offenses of the Osage Beach Code of Ordinances, the court may, pursuant to Section 488.5334, RSMo., in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B. Such
costs shall include the reasonable cost of making the arrest, including
the cost of any chemical tests to determine the alcohol or drug content
of the person's blood, and the cost of processing, charging, booking
and holding such person in custody.
C. Law enforcement
authorities may establish a schedule of such costs for submission
to the court, however, the court may order the costs reduced if it
determines that the schedule of costs is excessive given the circumstances
of the case or for good cause shown.
D. These
fees shall be calculated as additional costs by the Municipal Court
and shall be collected by the court in the same manner as other costs
and fees are collected and remitted to the general revenue of the
City.
E. These
fees shall be retained in a separate account known as "DWI PD Reimbursement",
line item 10-00-450250. Monies within this account shall be appropriated
by the Board of Aldermen to law enforcement authorities for such account
in amounts equal to those costs so incurred and shall be specifically
used to enhance and support the enforcement and prosecution of alcohol-
and drug-related traffic laws within the City.
[R.O. 2006 §342.050]
An arrest without a warrant by a Law Enforcement Officer, including a uniformed member of the State Highway Patrol, for a violation of Section
342.020 or
342.030, is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the Section, whether or not the violation occurred in the presence of the arresting officer and when such arrest without warrant is made within one and one-half (1½) hours after such claimed violation occurred, unless the person to be arrested has left the scene of an accident or has been removed from the scene to receive medical treatment, in which case such arrest without warrant may be made more than one and one-half (1½) hours after such violation occurred.
[R.O. 2006 §342.060; Code 1975 §76.022; CC 1985
§24-101]
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 allege 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. No person,
regardless of his/her prior conviction record, shall be prosecuted
through the Municipal Court where it appears possible that a charge
of vehicular manslaughter Section 577.005, RSMo., or vehicle injury
Section 577.008, RSMo., might be sustained, until after the State
Prosecuting Attorney shall have the opportunity to review the case
and to consider filing appropriate charges.
4. In all
other cases, the City Prosecuting Attorney shall have the discretion
to file the appropriate charge with the Municipal Court or he/she
may refer the case to the State prosecuting official.
B. 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 this Chapter, but may be reason for discipline of the City Officials
violating this Section.
[R.O. 2006 §342.070; Code 1975 §76.023; CC 1985
§24-102]
A. No person
charged with driving while intoxicated or driving with blood alcohol
content shall have his/her case heard in Municipal Court except in
accordance with the following procedure:
1. The
defendant must either be represented by an attorney, or must voluntarily
waive his/her right to such representation by execution of a written
waiver. If the defendant chooses to do neither (or if because he/she
is an indigent is unable to employ an attorney), the prosecution of
the case shall be suspended and the case referred to the State prosecuting
official. Only if the State prosecuting official declines to proceed
with a State criminal prosecution shall the municipal prosecution
be resumed.
2. Neither
the Municipal Judge nor any other municipal officer shall have the
power to revoke any operator's or chauffeur's license.
[R.O. 2006 §342.080; Code 1975 §76.025; CC 1985
§24-103]
A record of final disposition in any court proceeding involving
a violation of this Chapter shall be forwarded to the State Highway
Patrol within fifteen (15) days by the Clerk of the court.
[R.O. 2006 §342.090; Code 1975 §577.049(3); CC
1985 §24-104]
A. Upon
a plea of guilty or a finding of guilty for a first (1st) offense
of violating the provisions of this Chapter, the court may, in addition
to placing such person on probation for a period of two (2) years,
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 which meets or exceeds minimum standards established by the
Department of Public Safety and the Department of Mental Health. Such
a program may be used as a condition for suspending any permissible
portion of any sentence only one (1) time.
B. The cost
of the program shall be paid by the person attending the program.
C. The Clerk
of the court which orders any person to participate in an alcohol
education or rehabilitative program shall send a record of the participation
and completion of the program to the State Highway Patrol for inclusion
in the State uniform law enforcement systems records.