Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §342.100 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.
[1]
Note — As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, see §577.010,
RSMo.
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.
[1]
Note — As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, see §577.012,
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; or
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; or
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; or
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; or
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.
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 ordinance violation.
C.
Any
ordinance violation under this Section shall not reflect on any records
with the Department of Revenue.
[R.O. 2010 §342.060; Ord. No. 365 §6, 10-10-1994]
A.
No person charged with driving while intoxicated under Section 342.020 or driving with excessive blood alcohol content under Section 342.030 shall have his/her case heard in the 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.
2.
If the defendant chooses to do neither, or if because defendant 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
Attorney. If the State Prosecuting Attorney declines to proceed with
a State criminal prosecution, the municipal prosecution may be resumed.
[R.O. 2010 §342.070; Ord. No. 365 §7, 10-10-1994]
A record of the final disposition involving a violation under Section 342.020 or 342.030 by pleas of guilty, findings of guilty, suspended imposition of sentence, suspended execution of sentence, probation, conditional sentences or sentences of confinement shall be forwarded to the Missouri State Highway Patrol within fifteen (15) days by the Clerk of the Court. The record forwarded by the Clerk shall clearly show the court, the court case number, the name, address and motor vehicle operator's or chauffeur's license number of the person who is the subject of the proceeding, the ordinance or Code number identifying the particular arrest, and any court action or requirements pertaining thereto.
[R.O. 2010 §342.080; Ord. No. 365 §8, 10-10-1994; Ord. No. 446, 5-27-2003; Ord. No. 470, 7-12-2004]
Any person convicted of driving while intoxicated or driving
with excessive blood alcohol content shall be fined not less than
one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00).
Any person convicted of a second (2nd) offense or higher number of
offenses within five (5) years of driving while intoxicated on any
City, County or State level shall be punished for a conviction of
this offense by a fine of not less than one hundred dollars ($100.00)
nor more than one thousand five hundred dollars ($1,500.00).
[R.O. 2010 §342.090; Ord. No. 365 §9, 10-10-1994; Ord. No. 447, 5-27-2003]
A.
Upon
a plea of guilty or a finding of guilty for an offense of driving
while intoxicated or driving with excessive blood alcohol content,
the court shall order the person to participate in and successfully
complete a substance abuse traffic offender program as described in
Section 577.001, RSMo.
B.
Upon
a plea of guilty or a finding of guilty for an offense of driving
while intoxicated or driving with excessive blood alcohol content,
the court shall, in the case of a person who at the time of said offense
was under twenty-one (21) years of age, order the person to participate
in and successfully complete a substance abuse traffic offender program
as described in Section 577.525, RSMo., as a part of the judgment
entered in the case and in addition to other orders authorized by
law.
C.
The
costs of attending the program shall be paid by the person attending
the program.
D.
The
Court Clerk shall send a record of participation and completion of
the program to the Missouri State Highway Patrol for inclusion in
the Missouri Uniform Law Enforcement System records.
[R.O. 2010 §342.100; Ord. No. 365 §10, 10-10-1994; Ord. No. 408 §1, 9-24-2001; Ord. No. 448, 5-27-2003]
A.
Upon a plea of guilty, finding of guilt or conviction for violation of Section 342.020 driving while intoxicated or drugged or upon a plea, finding of guilt or conviction for violation of Section 342.030 driving with excessive blood alcohol content, the court may, in addition to any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B.
The
costs associated with such arrests shall include the reasonable costs
of making the arrest, including the costs of any chemical tests to
determine the alcohol or drug content of the person's blood, and the
costs of processing, charging, booking and holding such person in
custody.
C.
Law
enforcement authorities may establish a schedule of costs associated
with such arrests 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.
The
costs associated with such arrests 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 City Clerk.
E.
City
Clerk shall retain such costs collected in a separate fund known as
"DWI/DRUG Enforcement Fund". Money from within the DWI/Drug Enforcement
Fund shall be appropriated by the City Council to law enforcement
authorities from such fund in amounts equal to those costs so incurred
by the law enforcement authorities and shall be specifically used
to enhance and support the enforcement and prosecution of alcohol-
or drug-related traffic offenses within the City of LaGrange, Missouri.
[R.O. 2010 §342.110; Ord. No. 536, 9-28-2009]
A.
In
addition to any other provisions of law, a court shall require that
any person who is found guilty of or pleads guilty to a second (2nd)
or subsequent intoxication-related traffic offense, as defined in
Section 577.023, RSMo., shall not operate any motor vehicle unless
that vehicle is equipped with a functioning, certified ignition interlock
device for a period of not less than one (1) month from the date of
reinstatement of the person's driver's license. In addition, any court
authorized to grant a limited driving privilege under Section 302.309,
RSMo., to any person who is found guilty of or pleads guilty to a
second (2nd) or subsequent intoxication-related traffic offense shall
require the use of an ignition interlock device on all vehicles operated
by the person as a required condition of the limited driving privilege.
Any person required to use an ignition interlock device shall comply
with the court order, subject to the penalties provided by this Section.
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.
