Cross Reference — As to reimbursement of certain costs
related to arrest under this chapter, §125.330(9) 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.
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.
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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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B.
The implied consent to submit to the chemical tests listed in Subsection (A) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
C.
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.
D.
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.
E.
Upon
the request of the person who is tested, full information concerning
the test shall be made available to him/her.
F.
Any person given a chemical test of the person's breath pursuant to Subsection (A) 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.
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.
[Ord. No. 213-91, §§1
— 7, 10-8-1991]
A.
ALCOHOLIC BEVERAGE
MOTOR VEHICLE
RECREATIONAL MOTOR VEHICLE
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquors or combination of liquors,
a part of which is spirituous, vinous or fermented and to include
beer manufactured from hops or pure extract of hops and pure barley
malt or other wholesome grains and yeast and pure water and free from
all harmful substances, preservatives and adulterants and having any
alcohol content by volume or weight.
Any motorized vehicle designed to carry passengers upon any
alley, street or highway within the City limits of Strafford, Missouri.
Any motor vehicle designed, constructed or substantially
modified so that it may be used for the purpose of temporary housing
quarters, including therein sleeping and eating facilities which are
either permanently attached to the motor vehicle or attached to a
unit which is securely attached to the motor vehicle. Nothing herein
shall prevent any motor vehicle being registered as a commercial motor
vehicle if the motor vehicle could otherwise be so registered.
B.
No person
shall transport in any vehicle operating upon a public highway, street
or alleyway any alcoholic beverage except in the original container
which shall not be 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 be in the rear trunk or 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.
C.
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.
D.
Nothing
in this Section be construed as to prohibit the otherwise consumption
of alcoholic beverages by passengers on a privately or publicly owned
transit authority that has been chartered and is not being utilized
for conveyance of the general public where the operation and control
of such conveyance is by a person not in possession of or with ready
access to such alcoholic beverage.
E.
This
Section shall not apply to the living quarters of a recreational motor
vehicle as defined in this Section.
F.
It shall
be unlawful for any person to be in possession of an alcoholic beverage
in an open container when upon or in a public highway, street, alley,
public park, public place or public square.