City of Hollister, MO
Taney 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 342.010 Driving While Intoxicated (Alcohol).

[CC 1983 §75.050; Ord. No. 08-26, 8-7-2008]
A person commits the offense of driving while intoxicated (alcohol) if he/she operates a motor vehicle, within the City limits, while under the influence of an alcoholic beverage or any combination of an alcoholic beverage.

Section 342.011 Driving While Intoxicated (Drugs).

[Ord. No. 08-27, 8-7-2008]
A person commits the offense of driving while intoxicated (drugs) if he/she operates a motor vehicle, within the City limits, while under the influence of a drug or any combination of drugs.

Section 342.020 Excessive Blood Alcohol Content.

[CC 1983 §75.051; Ord. No. 02-42, 11-7-2002]
A person commits the offense of driving with excessive blood alcohol content if he/she operates a motor vehicle with eight-hundredths of one percent (0.08%) or more by weight of alcohol in his/her blood.

Section 342.030 Unlawful Acts, Penalty.

It shall be unlawful for a person to drive a commercial motor vehicle while having an alcohol concentration of four one-hundredths of a percent (0.04%) or more as prescribed by law or such other alcohol concentration as may be later determined by regulation.

Section 342.040 Definitions.

[CC 1983 §75.052; Ord. No. 08-31, 8-7-2008]
As used in this Chapter, the following terms shall have these prescribed meanings:
ALCOHOLIC BEVERAGES
Includes intoxicating liquor, beer, wine and/or any liquid having any alcoholic content, regardless of the percentage of alcoholic content by weight or volume.
DRUG
Any substance, natural or artificial, which taken into the human body, can impair the ability of the person to operate a vehicle safely.
INTOXICATED CONDITION
Defined by Missouri State Statute as being under the influence of alcohol, drug or any combination thereof.
OPERATING
Defined by Missouri State Statute as physically driving or operating a motor vehicle. An individual is held to be "operating" when the automobile is parked with the engine running and the individual is behind the steering wheel asleep. The operation need not be on a public street.
UNDER THE INFLUENCE
That as a result of taking into the body alcohol, drugs or any combination thereof, a person's ability to safely operate a vehicle has been diminished.

Section 342.050 Percent by Weight of Alcohol Defined.

[CC 1983 §75.053]
As used herein, the term "percent by weight of alcohol" shall have the same meaning as provided by State law, in RSMo. 577.012.2.

Section 342.060 Chemical Tests for Alcohol Content of Blood — Consent Implied — Administered, When, How.

A. 
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 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. The test shall be administered at the direction of the arresting Law Enforcement Officer whenever the person has been arrested for the offense.
B. 
The implied consent to submit to the chemical tests listed in Subsection (A) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
C. 
Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid under 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.
D. 
The State Department of Health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid under the provisions of Sections 577.020 to 577.041, RSMo., and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health.
E. 
The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his/her own choosing and at his/her expense 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 him/her.

Section 342.070 Procedure on Arrest.

[CC 1983 §75.055]
A. 
Any arrest for driving while intoxicated shall be handled as any other arrest for an offense of the same severity, except as follows:
1. 
As soon as practical following such arrest, the Police Department shall obtain the driving record of the person arrested.
2. 
No person, regardless of his/her prior conviction record, shall be prosecuted through the Municipal Court where it appears possible that a charge of vehicular manslaughter (Section 565.024, RSMo.) might be sustained, until after the State Prosecuting Attorney shall have had the opportunity to review the case and to consider filing appropriate charges.
3. 
In all other cases, the City Prosecuting Attorney shall have the discretion to file the appropriate charges with the Municipal Court or he/she may refer the case to the State Prosecuting Official.
4. 
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 for violations of this Chapter, but may be reason for discipline of the City Official(s) violating this Section.

Section 342.080 Open Beer or Liquor Container.

[CC 1983 §75.062]
A person commits the offense of transporting an open beer or liquor container if a container of non-intoxicating beer, malt liquor or intoxicating liquor (as those terms are defined in Chapter 600 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.

Section 342.090 Penalty.

[CC 1983 §75.059]
A. 
Any person convicted of driving while intoxicated shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), confinement in the County Jail for not more than ninety (90) days, or by both such fine and confinement. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two (2) years.
B. 
Any person convicted of driving with blood alcohol content shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), confined in the County Jail for not more than ninety (90) days, or by both such fine and confinement.

Section 342.100 Traffic Offender Program, Court May Order Participation in, When — Professional Assessment — Supplemental Fees, Disposition.

A. 
Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating the provisions of Section 342.010 or 342.020 of this Chapter or violations of County or municipal ordinances involving alcohol or drug-related traffic offenses, the court shall, as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law, Section 557.011, RSMo., to the contrary notwithstanding, order the convicted person to participate in and successfully complete an alcohol or drug-related traffic offender education or rehabilitation program which meets or exceeds minimum standards established by the Department of Public Safety and the Department of Mental Health. Such a program may be used as a condition for suspending any permissible portion of any sentence only one time.
B. 
Beginning July 1, 1994, the program shall provide a professional assessment for the identification of individual needs of the person who has had his/her driver's license suspended or revoked, and who is referred to the program. If the assessment results in a recommendation that the offender participate in a subsequent education or rehabilitation program, the court may order that the offender complete such program.
C. 
The cost of the program shall be paid by the person attending the program. Any person who attends the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars ($60.00). The Administrator of the program shall remit to the Division of Alcohol and Drug Abuse of the Department of Mental Health the supplemental fees for all persons enrolled in the program, less two percent (2%) for administration costs. The supplemental fees 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 630.345, RSMo.
D. 
The Clerk of the Court which orders any person to participate in an alcohol education or rehabilitative program shall send a record of the participation and completion of the program to the Missouri State Highway Patrol for inclusion in the Missouri Uniform Law Enforcement systems records.