[Ord. No. 884 §1]
A person commits the offense of driving while intoxicated if
he operates a motor vehicle while in an intoxicated or drugged condition.
[Ord. No. 884 §2; Ord. No.
1139-11-06 §1, 10-6-2011]
A.
A person
commits the offense of driving with excessive blood alcohol content
if such person operates a motor vehicle in the City of Palmyra 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 tests shall be conducted in accordance with the provisions
of Sections 577.020 to 577.041, RSMo.
[Ord. No. 884 §3]
As used in this Chapter, means physically driving or operating
or being in actual physical control of a motor vehicle.
As used in this Chapter, a person is in an intoxicated or
drugged condition when he is under the influence of alcohol, a controlled
substance, or drug, or any combination thereof.
[Ord. No. 884 §4]
Any person who operates a motor vehicle shall be deemed to have
given consent to a chemical test or tests of his breath, blood, saliva
or urine for the purpose of determining the alcohol or drug content
of his blood if 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. The test shall be administered at the direction
of the arresting officer whenever the person has been arrested for
the offense. Such tests shall be performed in accordance with the
provisions of Sections 577.020 through 577.041 RSMo. The implied consent
to submit to the chemical tests shall be limited to not more than
two (2) such tests arising from the same arrest, accident or charge.
[Ord. No. 884 §5]
A.
Any arrest
for driving while intoxicated or driving with excessive blood alcohol
content shall be handled as any other arrest for an offense of the
same severity, except as follows:
1.
As soon
as practicable following such arrest, the Police Department shall
obtain the driving record of the person arrested.
2.
In all
cases, the City Prosecuting Attorney shall have the discretion to
file the appropriate charge with the Municipal Court or he may refer
the case to the State Prosecuting Attorney.
3.
The
procedures described herein shall be directory and not mandatory.
The failure to follow the procedures provided for in this Section
shall not invalidate any prosecution or be cause to overturn any conviction.
[Ord. No. 884 §6]
A.
No person charged with driving while intoxicated under Section 380.020, or driving with excessive blood alcohol content under Section 380.020 shall have his 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 right to such representation by execution of a written waiver.
2.
If the
defendant chooses to do neither, or if because he 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.
[Ord. No. 884 §7]
A record of the final disposition involving a violation of Section 380.010 or Section 380.020, pleas of guilty, findings of guilty, suspended imposition of sentence, suspended execution of sentence, probation, conditional sentences and 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.
[Ord. No. 884 §8]
Any person convicted of driving while intoxicated or driving
with excessive blood alcohol content shall be fined not less than
two hundred dollars ($200.00) nor more than five hundred dollars ($500.00),
confined in the County Jail for not more than ninety (90) days, or
both such fine and confinement.
[Ord. No. 884 §9]
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 may, in the case of a person who at the time of the offense
was twenty-one (21) years of age or older, as a condition for suspending
any permissible portion of any sentence or in addition to imposition
of any penalties, order the person to participate in and successfully
complete an alcohol or drug-related traffic offender education or
rehabilitation program as described in Section 577.049, RSMo. Such
a program may be used as a condition for suspending any permissible
portion of any sentence only one time.
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 an alcohol-related education program
which meets or exceeds minimum standards established by the Department
of Mental Health, as a part of the judgment entered in the case, and
in addition to other orders authorized by law.
C.
The cost
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 Systems Records.
[Ord. No. 950-92-14 §1, 10-15-1992]
A.
Upon a plea of guilty, finding of guilt or conviction for violation of Section 380.010, driving while intoxicated or drugged, or upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Section 380.020, driving with excessive blood alcohol content, the Court may, in addition to imposition of 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 cost of
making the arrest, including the cost of any chemical tests to determine
the alcohol or drug content of the person's blood, and the cost of
processing, charging, booking and holding such person in custody.
C.
Law enforcement
authorities may establish a schedule of the 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.
The City
Clerk shall retain such costs collected in a separate fund known as
the "DWI/Drug Enforcement Fund". Money 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 Palmyra.
