Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §130.280 of this code.
As used in this Chapter, the following terms shall have these
prescribed meanings:
Physically driving or operating a motor vehicle.
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.
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.
A.
A person
commits the offense of "driving with excessive blood alcohol
content" if such person operates a motor vehicle in this
City with eight-hundredths of one percent (.08%) or more by weight
of alcohol in such person's blood.
B.
As used
in this Section, "percent by weight of alcohol" in
the blood shall be based upon grams of alcohol per one hundred (100)
milliliters of blood or two hundred ten (210) liters of breath and
may be shown by chemical analysis of the person's blood, breath, saliva
or urine. For the purposes of determining the alcoholic content of
a person's blood under this Section, the test shall be conducted in
accordance with the provisions of Sections 577.020 to 577.041, RSMo.
A.
This
Section and Section 577.021, RSMo., shall be known as the Alan Woods
Law.
B.
Any person
who operates a motor vehicle upon the public highways of this City
shall be deemed to have given consent to, subject to the provisions
of Sections 577.020 to 577.041, RSMo., a chemical test or tests of
the person's breath, blood, saliva or urine for the purpose of determining
the alcohol or drug content of the person's blood pursuant to the
following circumstances:
1.
If the
person is arrested for any offense arising out of acts which the arresting
officer had reasonable grounds to believe were committed while the
person was driving a motor vehicle while in an intoxicated or drugged
condition;
2.
If the
person is under the age of twenty-one (21), has been stopped by a
Law Enforcement Officer, and the Law Enforcement Officer has reasonable
grounds to believe that such person was driving a motor vehicle with
a blood alcohol content of two-hundredths of one percent (.02%) or
more by weight;
3.
If the
person is under the age of twenty-one (21), has been stopped by a
Law Enforcement Officer, and the Law Enforcement Officer has reasonable
grounds to believe that such person has committed a violation of the
traffic laws of the State or any political subdivision of the State,
and such officer has reasonable grounds to believe, after making such
stop, that such person has a blood alcohol content of two-hundredths
of one percent (.02%) or greater;
4.
If the
person is under the age of twenty-one (21), has been stopped at a
sobriety checkpoint or roadblock, and the Law Enforcement Officer
has reasonable grounds to believe that such person has a blood alcohol
content of two-hundredths of one percent (.02%) or greater;
5.
If the
person, while operating a motor vehicle, has been involved in a motor
vehicle collision which resulted in a fatality or a readily apparent
serious physical injury as defined in Section 565.002, RSMo., and
has been arrested as evidenced by the issuance of a uniform traffic
ticket for the violation of any State law or County or municipal ordinance
with the exception of equipment violations contained in Chapter 307,
RSMo., or similar provisions contained in County or municipal ordinances;
or
6.
If the
person, while operating a motor vehicle, has been involved in a motor
vehicle collision which resulted in a fatality or serious physical
injury as defined in Section 565.002, RSMo.
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The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been arrested or stopped for any reason.
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C.
The implied consent to submit to the chemical tests listed in Subsection (B) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
D.
Chemical
analysis of the person's breath, blood, saliva or urine to be considered
valid pursuant to the provisions of Sections 577.020 to 577.041, RSMo.,
shall be performed according to methods approved by the State Department
of Health by licensed medical personnel or by a person possessing
a valid permit issued by the State Department of Health for this purpose.
E.
The person
tested may have a physician, or a qualified technician, chemist, registered
nurse or other qualified person at the choosing and expense of the
person to be tested, administer a test in addition to any administered
at the direction of a Law Enforcement Officer. The failure or inability
to obtain an additional test by a person shall not preclude the admission
of evidence relating to the test taken at the direction of a Law Enforcement
Officer.
F.
Upon
the request of the person who is tested, full information concerning
the test shall be made available to such person. Full information
is limited to the following:
1.
The
type of test administered and the procedures followed;
2.
The
time of the collection of the blood or breath sample or urine analyzed;
3.
The
numerical results of the test indicating the alcohol content of the
blood and breath and urine;
4.
The
type and status of any permit which was held by the person who performed
the test;
5.
If the
test was administered by means of a breath testing instrument, the
date of performance of the most recent required maintenance of such
instrument.
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Full information does not include manuals, schematics or software
of the instrument used to test the person or any other material that
is not in the actual possession of the State. Additionally, full information
does not include information in the possession of the manufacturer
of the test instrument.
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G.
Any person given a chemical test of the person's breath pursuant to Subsection (B) of this Section or a field sobriety test may be videotaped during any such test at the direction of the Law Enforcement Officer. Any such video recording made during the chemical test pursuant to this Subsection or a field sobriety test shall be admissible as evidence for a violation of any municipal ordinance or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
[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.
A.
No person
shall consume any alcoholic beverage while operating a moving motor
vehicle upon the highways.
B.
Any person
found guilty of violating the provisions of this Section is guilty
of an infraction.
C.
Any infraction
under this Section shall not reflect on any records with the Department
of Revenue.
[R.O. 2006 §342.100]
A.
It shall
be unlawful for a person to:
1.
Drive
a commercial motor vehicle in a willful or wanton disregard for the
safety of persons or property;
2.
Drive
a commercial motor vehicle while having an alcohol concentration of
four one-hundredths of a percent (.04%) or more as prescribed by the
secretary or such other alcohol concentration as may be later determined
by the secretary by regulation; or
3.
Drive
a commercial motor vehicle while under the influence of any substance
so classified under Section 102(6) of the Controlled Substances Act
(21 USC 802(6)), including any substance listed in schedules I through
V of 21 CFR part 1308, as they may be revised from time to time.
B.
Except
as otherwise provided for in Sections 302.700 to 302.780, RSMo., whenever
the doing of anything is required or is prohibited or is declared
to be unlawful, any person who shall be convicted of a violation thereof
shall be guilty of a misdemeanor.
[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.
