[Ord. No. 4084 § 1, 11-21-2016]
As used in this Chapter, the following terms mean:
A drug, substance, or immediate precursor in Schedules I
to V listed in Section 195.017, RSMo.
Any circuit, associate circuit, or municipal court, including
traffic court, but not any juvenile court or drug court.
Means physically driving or operating a vehicle or vessel.
When a person is under the influence of alcohol, a controlled
substance, or drug, or any combination thereof.
Driving while intoxicated, driving with excessive blood alcohol
content or an offense in which the defendant was operating a vehicle
while intoxicated and another person was injured or killed in violation
of any State law, County or municipal ordinance, any Federal offense,
or any military offense.
Includes the definition of law enforcement officer in 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 who has been found guilty of one (1) intoxication-related
traffic offense, where such prior offense occurred within five (5)
years of the occurrence of the intoxication-related traffic offense
for which the person is charged.
[CC 1988 §14-34; Ord. No. 2881 §1, 5-2-1988; Ord.
No. 3470 §1, 10-15-2001; Ord. No. 3863 §1, 8-16-2010; Ord. No. 4085 § 1, 11-21-2016[1]]
A.
A person commits the offense of driving while intoxicated if he or
she operates a vehicle while in an intoxicated condition. A person
found guilty of the offense of driving while intoxicated as a first
offense shall not be granted a suspended imposition of sentence unless
such person shall be placed on probation for a minimum of two (2)
years.
B.
A person commits the offense of driving with excessive blood alcohol
content if such person operates:
C.
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.
D.
A person found guilty of the offense of driving with an excessive
blood alcohol content as a first offense shall not be granted a suspended
imposition of sentence unless such person shall be placed on probation
for a minimum of two (2) years.
E.
A person found guilty of the offense of driving while intoxicated
or driving with an excessive blood alcohol content as a prior offender
shall not be granted a suspended imposition of sentence or be sentenced
to pay a fine in lieu of a term of imprisonment and shall not be granted
probation or parole until he or she has served a minimum of ten (10)
days imprisonment unless as a condition of such parole or probation
such person performs at least thirty (30) days of community service
under the supervision of the court.
[1]
Editor’s Note: Ord. No. 4085 also changed the title
of this Section from "Driving Under Influence of Intoxicating Liquor
or Drugs" to "Driving While Intoxicated."
[CC 1988 §14-34.1; Ord. No. 3341 §1, 5-18-1998]
A.
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Section 342.010(A) and (B) (alcohol- or drug-related traffic offenses), the court may, 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 Finance Clerk.
[Ord. No. 3988 §1, 9-16-2013]
[CC 1988 §14-34.2; Ord. No. 3342 §1, 5-18-1998]
A.
No
person shall knowingly transport in any vehicle operating upon a public
highway, street or alley any alcoholic beverage except in the original
container which shall not have been opened and the seal upon which
shall not have been broken and from which the original cap or cork
shall not have been removed, unless the opened container is in the
rear trunk or rear compartment which shall include the spare tire
compartment or any outside compartment which is not accessible to
the driver or any other person in such vehicle while it is in motion.
In the case of a pickup truck, station wagon, hatchback, or other
similar vehicle, the area behind the last upright seat shall not be
considered accessible to the driver or any other person.
B.
No
driver of a motor vehicle shall allow any alcoholic beverage to be
consumed while in a moving motor vehicle, as defined in this Section,
nor shall any person consume any alcoholic beverage while in a moving
motor vehicle.
C.
This
Section shall not apply to the living quarters of a recreational motor
vehicle, as defined in Section 301.010, RSMo.
D.
Any
person found guilty of violating the provisions of this Section shall
be guilty of an infraction and shall be fined not more than twenty-five
dollars ($25.00) and court costs.
