Cross Reference — As to reimbursement of certain costs related to arrest under this Chapter, §125.330 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.
[R.O. 2006 §340.190; CC 1992 §340.190]
A.
No
driver or passenger in a motor vehicle shall transport, possess or
have within the passenger area of said motor vehicle while on City
highways, streets, alleys or other public property in the City any
intoxicating liquor, malt liquor or non-intoxicating beer unless such
intoxicating liquor, malt liquor or non-intoxicating beer shall be
in the original, unopened container with the seal unbroken. The "passenger
area" of a motor vehicle shall not include any area of the motor vehicle
which is inaccessible 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 vehicle or other similar vehicle, the area behind the last
upright seat shall not be considered accessible to the driver or any
other person, provided that no person is occupying, sitting or standing
in that area of the vehicle. In the case of a recreational motor vehicle,
the living quarters shall not be considered accessible to the driver
or any other person. This Section shall apply to any driver or passenger
in a motor vehicle while on the above stated public property in the
City whether the motor vehicle is parked, stopped or in motion. Provided
however, this Section shall not apply to any passenger in a chartered
bus where the driver of said bus is never in the possession of and
has no ready access to intoxicating liquor, malt liquor or non-intoxicating
beer.
B.
No
driver or passenger shall consume intoxicating liquor, malt liquor
or non-intoxicating beer while in a moving motor vehicle within the
City. Provided however, this Section shall not apply to any passenger
in a chartered bus where the driver of said bus is never in possession
of and has no ready access to intoxicating liquor, malt liquor or
non-intoxicating beer. This Section also shall not apply to any passenger
in the living quarters of a recreational motor vehicle.
[Ord. No. 13-033 §1, 8-19-2013]
A.
A person
commits the offense of "failure to comply with order for ignition
interlock" if he/she is required by a court of competent jurisdiction
to use a functioning, certified ignition interlock device pursuant
to the provisions of Chapter 577 and/or Chapter 302, RSMo., and fails
to use said device as ordered.
B.
No person shall knowingly rent, lease or lend a motor vehicle to a person known to have had that person's driving privilege restricted as provided in Subsection (A) of this Section, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as provided in Subsection (A) of this Section shall notify any other person who rents, leases or loans a motor vehicle to that person of the driving restriction imposed pursuant to this Section.
C.
It
is unlawful for any person whose driving privilege is restricted pursuant
to the provisions of Chapter 577 and/or Chapter 302, RSMo., to request
or solicit any other person to blow into an ignition interlock device
or to start a motor vehicle equipped with the device for the purpose
of providing the person so restricted with an operable motor vehicle.
D.
It
is unlawful to blow into an ignition interlock device or to start
a motor vehicle equipped with the device for the purpose of providing
an operable motor vehicle to a person whose driving privilege is restricted
pursuant to the provisions of Chapter 577 and/or Chapter 302, RSMo.
E.
It
is unlawful to tamper with or circumvent the operation of an ignition
interlock device.
