As used in this Chapter, the following terms shall have these
prescribed meanings:
INTOXICATION-RELATED TRAFFIC OFFENSE
Driving while intoxicated, driving with excessive blood alcohol
content, driving under the influence of alcohol or drugs in violation
of a State law, County or Municipal ordinance, any Federal offense,
or any military offense, 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.
LAW ENFORCEMENT OFFICER or ARRESTING OFFICER
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 commits the offense of driving while intoxicated if
he/she operates a vehicle while in an intoxicated condition.
[R.O. 1992 § 220.100; CC 1984 § 75.130]
A person commits the offense of transporting an open beer or liquor container if a container of malt liquor, or intoxicating liquor (as those terms are defined in Section
600.010 of this Code) is found to be open (that is available for ready consumption) within a vehicle which that person has under his/her control or in which that person is a passenger.
[R.O. 1992 § 823.050; Ord. No.
1796-00 § 1, 8-1-2000]
An arrest without a warrant by Law Enforcement Officers for
violation of the provisions of this Chapter shall be valid, whenever
an arresting officer has reasonable grounds to believe that the person
to be arrested has violated any of said Sections, whether or not the
violations occurred in view of the arresting officer.
[R.O. 1992 § 823.060; Ord. No.
1796-00 § 1, 8-1-2000]
No person charged with driving while intoxicated or driving
with blood alcohol content shall have his/her case heard in Municipal
Court except in accordance with the following procedure: 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.
If the defendant chooses to do neither (or if because he/she is an
indigent and is unable to employ an attorney), the prosecution of
the case shall be suspended and the case referred to the State prosecuting
official. Only if the State prosecuting official declines to proceed
with a State criminal prosecution shall the municipal prosecution
be resumed.