City of Camdenton, MO
Camden County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Section 823.010 Definitions.

[Ord. No. 1796-00 §1, 8-1-2000]
A. 
As used in this Chapter, the term "drive", "driving", "operates" or "operating" means physically driving or operating a motor vehicle.
B. 
As used in this Chapter, a person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
C. 
As used in this Chapter, the term "Law Enforcement Officer" or "arresting officer" 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.
D. 
As used in this Chapter, "substance abuse traffic offender program" means a program certified by the Division of Alcohol and Drug Abuse of the Department of Mental Health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as the result of an alcohol or drug related traffic offense. Successful completion of such a program includes participation in any education or rehabilitation program required to meet the needs identified in the assessment screening.

Section 823.020 Driving While Intoxicated.

[Ord. No. 1796-00 §1, 8-1-2000; Ord. No. 1847-01 §1, 9-4-2001]
A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition. Sections 577.020 through 577.041, RSMo., as amended are hereby incorporated by reference.

Section 823.030 Driving With Excessive Blood Alcohol Content.

[Ord. No. 1796-00 §1, 8-1-2000; Ord. No. 1847-01 §1, 9-4-2001; Ord. No. 2299-09 §1, 3-3-2009]
A person commits the crime of "driving with excessive blood alcohol content" if he/she operates a motor vehicle in this State with eight-hundredths of one percent (0.08%) or more by weight of alcohol in his/her blood. 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 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.

Section 823.040 Implied Consent.

[Ord. No. 1796-00 §1, 8-1-2000]
Any person who operates a motor vehicle shall be deemed to have given consent to a chemical test or test of his/her breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of his/her 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. Such tests shall be performed according to the provisions of State law, in Sections 577.020 through 577.041, RSMo.

Section 823.050 Procedure on Arrest.

[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; provided however, that any such arrest without warrant must be made, within one and one-half (1½) hours after the claimed violation occurred.

Section 823.060 Procedure in Municipal Court.

[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.