[R.O. 1996 § 342.010; CC 1990 § 14-86(a); Ord. No. 1175 § 1, 3-23-1998]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
Physically driving or operating a motor vehicle.
Under the influence of alcohol, a controlled substance, or
drug, or any combination thereof.
[R.O. 1996 § 342.020; CC 1990 § 14-86(b); Ord. No. 2413 § 1, 6-26-2017]
A person commits the offense of driving
while intoxicated if he/she operates a motor vehicle in an intoxicated
condition within the City limits.
[R.O. 1996 § 342.030; CC 1990 § 14-86(c); Ord. No. 1439, 10-8-2001; Ord. No. 2413 § 1, 6-26-2017]
A.
A person commits the offense of driving
with excessive blood alcohol content if such person operates within
this City:
B.
As used in this Section, percent by weight of alcohol in the blood shall be based upon grams 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 best test shall be conducted in accordance with provisions of Sections 342.040 through 342.060 of this Chapter.
[R.O. 1996 § 342.040; CC 1990 § 14-86(d); Ord. No. 2413 § 1, 6-26-2017]
A.
Any person who operates a vehicle upon
the public highways/streets of this City shall be deemed to have given
consent, subject to the provisions of Sections 577.019 to 577.041,
RSMo., to 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 operating a
vehicle or a vessel while in an intoxicated 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 operating a vehicle with a blood alcohol content of
two one-hundredths of one percent (0.02%) 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 this
City, and such officer has reasonable grounds to believe, after making
such stop, that such person has a blood alcohol content of two one-hundredths
of one percent (0.02%) 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 one-hundredths
of one percent (0.02%) or greater; or
5.
If the person, while operating a
vehicle, has been involved in a collision or accident which resulted
in a fatality or a readily apparent serious physical injury or has
been arrested as evidenced by the issuance of a uniform traffic ticket
for the violation of any State law or municipal ordinance with the
exception of equipment violations contained or similar provisions
contained in State or municipal ordinances.
B.
The test shall be administered at the direction
of the Law Enforcement Officer whenever the person has been stopped,
detained, or arrested for any reason.
C.
The implied consent to submit to the chemical
tests listed shall be limited to not more than two (2) such tests
arising from the same stop, detention, arrest, incident or charge.
D.
To be considered valid, chemical analysis
of the person's breath, blood, saliva, or urine shall be performed,
according to methods approved by the State Department of Health and
Senior Services, by licensed medical personnel or by a person possessing
a valid permit issued by the State Department of Health and Senior
Services for this purpose.
E.
The State Department of Health and Senior
Services shall approve satisfactory techniques, devices, equipment,
or methods to be used in the chemical test. The Department shall also
establish standards to ascertain the qualifications and competence
of individuals to conduct such analyses and issue permits which shall
be subject to termination or revocation by the State Department of
Health and Senior Services.
F.
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.
G.
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, breath, or urine sample 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 the most recent maintenance
of such instrument.
H.
Any person given a chemical test of the
person's breath 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 or a field sobriety
test shall be admissible as evidence at any trial of such person for
a violation of any State law or municipal ordinance and at any license
revocation or suspension proceeding.
[R.O. 1996 § 342.050; CC 1990 § 14-86(e)]
Any person who is dead, unconscious or who is otherwise in a condition rendering him/her incapable of refusing to take a test as provided herein shall be deemed not to have withdrawn the consent provided by Section 342.040 of this Chapter and the test or tests may be administered.
[R.O. 1996 § 342.060; CC 1990 § 14-86(f); Ord. No. 1439, 10-8-2001; Ord. No. 2413 § 1, 6-26-2017]
A.
Upon the trial of any person for any criminal
offense or violations of municipal ordinances, or in any license suspension
or revocation proceeding pursuant to the provisions of this Chapter,
arising out of acts alleged to have been committed by any person while
operating a vehicle, while in an intoxicated condition or with an
excessive blood alcohol content, the amount of alcohol in the person's
blood at the time of the act, as shown by any chemical analysis of
the person's blood, breath, saliva, or urine, is admissible in evidence
and shall not prevent the admissibility or introduction of such evidence
if otherwise admissible.
B.
If a chemical analysis of the defendant's
breath, blood, saliva, or urine demonstrates there was eight one-hundredths
of one percent (0.08%) or more by weight of alcohol in the person's
blood or percent by weight of alcohol in the blood, this shall be
based upon grams of alcohol per one hundred (100) milliliters of blood
or grams of alcohol per two hundred ten (210) liters of breath. The
foregoing provisions of this Section shall not be construed as limiting
the introduction of any other competent evidence bearing upon the
question of whether the person was intoxicated. This shall be prima
facie evidence that the person was intoxicated at the time the specimen
was taken.
[R.O. 1996 § 342.070; CC 1990 § 14-86(g)]
An arrest without a warrant by a
Law Enforcement Officer, for a violation of this Chapter 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; provided,
however, that any such arrest without warrant must be made within
one and one-half (1 1/2) hours after such claimed violation occurred.
[R.O. 1996 § 342.080]
A.
Upon a finding of guilt for an offense
of violating the provisions of Section 577.010, RSMo., or Section
577.012, RSMo., or violations of county or municipal ordinances involving
alcohol- or drug-related traffic offenses, the court shall order the
person to participate in and successfully complete a substance abuse
traffic offender program defined in Section 302.010, RSMo.
B.
The fees for the substance abuse traffic
offender program, or a portion thereof, to be determined by the Division
of Alcohol and Drug Abuse of the Department of Mental Health, shall
be paid by the person enrolling in the program. Any person who is
enrolled in the program shall pay, in addition to any fee charged
for the program, a supplemental fee to be determined by the Department
of Mental Health for the purposes of funding the substance abuse traffic
offender program defined in Section 302.010, RSMo. The administrator
of the program shall remit to the Division of Alcohol and Drug Abuse
of the Department of Mental Health on or before the fifteenth day
of each month the supplemental fees for all persons enrolled in the
program, less two percent (2%) for administrative costs. Interest
shall be charged on any unpaid balance of the supplemental fees due
to the Division of Alcohol and Drug Abuse pursuant to this Section
and shall accrue at a rate not to exceed the annual rates established
pursuant to the provisions of Section 32.065, RSMo., plus three (3)
percentage points. The supplemental fees and any interest received
by the Department of Mental Health pursuant to this Section shall
be deposited in the Mental Health Earnings Fund, which is created
in Section 630.053, RSMo.
C.
Any administrator who fails to remit to
the Division of Alcohol and Drug Abuse of the Department of Mental
Health the supplemental fees and interest for all persons enrolled
in the program pursuant to this Section shall be subject to a penalty
equal to the amount of interest accrued on the supplemental fees due
to the Division pursuant to this Section. If the supplemental fees,
interest, and penalties are not remitted to the Division of Alcohol
and Drug Abuse of the Department of Mental Health within six (6) months
of the due date, the Attorney General of the State of Missouri shall
initiate appropriate action of the collection of said fees and accrued
interest. The court shall assess attorney fees and court costs against
any delinquent program.
[R.O. 1996 § 342.100; Ord. No. 2337 § 1, 8-25-2014]
[R.O. 1996 § 342.110; Ord. No. 2337 § 1, 8-25-2014]
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 be 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, sport
utility vehicle, 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.
[R.O. 1996 § 342.120; Ord. No. 2337 § 1, 8-25-2014]
Nothing in this Chapter shall be
construed to prohibit the otherwise legal consumption or transportation
of alcoholic beverages by passengers in motor vehicles maintained
for hire by the public in the transportation of passengers for compensation,
or by passengers in a privately or publicly owned motor vehicle including
busses that has been chartered and is not being utilized for the conveyance
of the general public, where the operation and control of such motor
vehicle is by a person not in possession of or with ready access to
such alcoholic beverage.
[R.O. 1996 § 342.130; Ord. No. 2337 § 1, 8-25-2014]
Nothing in this Chapter shall be
construed to prohibit the otherwise legal consumption or transportation
of alcoholic beverages in the living quarters of a recreational motor
vehicle.
