[Adopted 3-9-1982 by Ord. No. 184]
The Uniform Traffic Code for Cities, Townships
and Villages, promulgated by the Director of State Police and published
in the 1979 Edition of the Michigan Administrative Code and amendments
as published in the quarterly supplement No. 5 to the 1979 Edition
of the Michigan Administrative Code, in accordance with Public Act
62 of 1956, State of Michigan, is hereby adopted by reference.[1]
[1]
Editor's Note: See MCLA § 257.1 et seq.
References in the Uniform Traffic Code for Michigan
Cities, Townships and Villages to "governmental unit" shall mean the
Village of New Haven.
The Village Clerk shall publish this article
in the manner required by law and shall at the same time publish a
supplementary notice setting forth the purpose of the said Uniform
Traffic Code and of the fact that a complete copy of the code is available
at the office of the Clerk for inspection by the public at all times.
Ordinance Nos. 83, 109, 127 and 169 relating
to traffic are hereby specifically repealed. All other ordinances
inconsistent with the provisions of the Uniform Traffic Code are,
to the extent of such inconsistency, hereby repealed.
[Added 5-10-1983 by Ord. No. 188]
The following sections and subsections of the
Uniform Traffic Code for Cities, Townships, and Villages are hereby
amended or repealed as set forth and additional sections and subsections
are added as indicated. Subsequent section numbers used in this article
shall refer to the like-numbered sections of the Uniform Traffic Code.
A.
Section 5.15 is hereby amended to read: Section
5.15. Operating under influence.
(1)
A person, whether licensed or not, who is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, shall not operate a vehicle upon a highway or other place open to the general public, including an area designated for the parking of vehicles, within the Village of New Haven. A peace officer may, without a warrant, arrest a person when the peace officer has reasonable cause to believe that the person was, at the time of an accident, the driver of a vehicle involved in the accident and was operating the vehicle upon a public highway or other place open to the general public, including an area designated for the parking of vehicles, in the Village of New Haven while in violation of this subsection or of subsection (2).
(2)
A person, whether licensed or not, whose blood contains
10% or more by weight of alcohol shall not operate a vehicle upon
a highway or other place open to the general public, including an
area designated for the parking of vehicles, within the Village of
New Haven.
(3)
The owner of a vehicle or a person in charge or in
control of a vehicle shall not authorize or knowingly permit the vehicle
to be operated upon a highway or other place open to the general public,
including an area designated for the parking of motor vehicles, within
the Village of New Haven by a person who is under the influence of
intoxicating liquor or a controlled substance, or a combination of
intoxicating liquor and a controlled substance.
(4)
Except as otherwise provided in this section, a person who is convicted of a violation of subsection (1), (2) or (3) is guilty of a municipal civil infraction, punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. As part of the sentence for a violation of subsection (1) or (2), the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than six months nor more than two years. The court may order the Secretary of State to issue to the person a restricted license permitting the person during all or a specified portion of the period of suspension to drive only to and from the person's residence and work location; in the course of the person's employment or occupation; to and from an alcohol or drug education program or treatment program as ordered by the court; to and from the person's residence and an educational institution at which the person is enrolled as a student; or pursuant to a combination of these restrictions. The court shall not order the Secretary of State to issue a restricted chauffeur's license which would permit a person to operate a truck or truck tractor, including a trailer, which hauls hazardous material. The court shall not order the Secretary of State to issue a restricted license unless the person states under oath and the court finds that the person is unable to take public transportation to and from his or her work location, place of alcohol or drug education or treatment, or educational institution, and does not have any family members or others able to provide transportation. The court order and license shall indicate the person's work location and the approved route or routes and permitted times of travel. For purposes of this subsection, "work location" includes, as applicable, either or both of the following:
[Amended 1-13-2015 by Ord. No. 333]
(5)
Before accepting a plea of guilty under this section,
the court shall advise the accused of the statutory consequences possible
as the result of a plea of guilty in respect to suspension or revocation
of an operator's or chauffeur's license, the penalty imposed for violation
of this section, and the limitation on the right of appeal.
B.
Section 5.15a is hereby amended to read: Section
5.15a, Motor vehicles; operating under influence of intoxicating liquor;
test, evidence.
(1)
The amount of alcohol or presence of a controlled
substance or both in the driver's blood at the time alleged as shown
by chemical analysis of the person's blood, urine or breath shall
be admissible into evidence in a criminal prosecution for any of the
following:
(a)
A violation of Section 5.15(1), (2), or (3),
or 5.15b.
(b)
Felonious driving, negligent homicide, or manslaughter
resulting from the operation of a motor vehicle while the driver is
alleged to have been impaired by or under the influence of intoxicating
liquor or a controlled substance or a combination of intoxicating
liquor and a controlled substance, or to have had a blood alcohol
content of 10% or more by weight of alcohol.
(2)
If a test is given, the results of the test shall
be made available to the person charged or the person's attorney upon
written request to the prosecution, with a copy of the request filed
with the court. The prosecution shall furnish the report at least
two days before the day of the trial, and the results shall be offered
as evidence by the prosecution in a criminal proceeding. Failure to
fully comply with the request shall bar the admission of the results
into evidence by the prosecution.
(3)
Except in a prosecution relating solely to a violation
of Section 5.15(2), the amount of alcohol in the driver's blood at
the time alleged as shown by chemical analysis of the person's blood,
urine, or breath shall give rise to the following presumptions:
(a)
If there was at the time 0.07% or less by weight
of alcohol in the defendant's blood, it shall be presumed that the
defendant was not under the influence of intoxicating liquor.
(b)
If there was at the time in excess of 0.07%
but less than 10% by weight of alcohol in the defendant's blood, it
shall be presumed that the defendant's ability to operate a vehicle
was impaired within the provisions of Section 5.15b due to the consumption
of intoxicating liquor.
(c)
If there was at the time 10% or more by weight
of alcohol in the defendant's blood, it shall be presumed that the
defendant was under the influence of intoxicating liquor.
(4)
A sample or specimen of urine or breath shall be taken
and collected in a reasonable manner. Only a licensed physician, or
a licensed nurse or medical technician under the direction of a licensed
physician and qualified to withdraw blood acting in a medical environment,
at the request of a peace officer, may withdraw blood for the purpose
of determining the amount of alcohol or presence of a controlled substance
or both in the person's blood, as provided in this act. Liability
for a crime or civil damages predicated on the act of withdrawing
blood and related procedures shall not attach to a qualified person
who withdraws blood or assists in the withdrawal in accordance with
this act unless the withdrawal is performed in a negligent manner.
(5)
The tests shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in Subsection (1). A person who takes a chemical test administered at the request of a peace officer, as provided in this section, shall be given a reasonable opportunity to have a person of his or her own choosing administer one of the chemical tests described in this section within a reasonable time after his or her detention, and the results of the test shall be admissible and shall be considered with other competent evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged shall be responsible for obtaining a chemical analysis of the test sample. The person charged shall be informed that he or she has the right to demand that a person of his or her choosing administer one of the tests provided for in Subsection (1), that the results of the test shall be admissible and shall be considered with other competent evidence in determining the innocence or guilt of the defendant, and that the person charged shall be responsible for obtaining a chemical analysis of the test sample.
(6)
The person charged shall be advised that, if the person
refuses the request of a peace officer to take a test described in
this section, a test shall not be given without a court order. The
person charged shall also be advised that the person's refusal of
the request of a peace officer to take a test described in this section
shall result in the suspension of his or her operator's or chauffeur's
license or operating privilege and in the addition of six points to
his or her driver record.
(7)
This section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question
of whether or not the person was impaired by or under the influence
of intoxicating liquor or a controlled substance, or a combination
of intoxicating liquor and a controlled substance, or whether the
person had a blood alcohol content of 10% or more by weight of alcohol.
(8)
If a jury instruction regarding a defendant's refusal
to submit to a chemical test under this section is requested by the
prosecution or the defendant, the jury instruction shall be given
as follows:
|
"Evidence was admitted in this case which, if
believed by the jury, could prove that the defendant had exercised
his or her right to refuse a chemical test. You are instructed that
such a refusal is within the statutory rights of the defendant and
is not evidence of his guilt. You are not to consider such a refusal
in determining the guilt or innocence of the defendant."
|
(9)
If after an accident the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver's blood is withdrawn at that time for the purpose of medical treatment, the results of a chemical analysis of that sample shall be admissible in a criminal prosecution for a crime described in Subsection (1) to show the amount of alcohol or presence of a controlled substance, or both, in the person's blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subsection. A medical facility or person disclosing information in compliance with this subsection shall not be civilly or criminally liable for making the disclosure.
(10)
If after a highway accident the driver of a
vehicle involved in the accident is deceased, a sample of the decedent's
blood shall be withdrawn in a manner directed by the medical examiner
for the purpose of determining blood alcohol content or presence of
a controlled substance, or both.
C.
Section 5.15b is hereby amended to read: Section
5.15b, Impaired driving.
(1)
A person shall not operate a vehicle upon a highway
or other place open to the general public, including an area designated
for the parking of vehicles, within the Village of New Haven when,
due to the consumption of an intoxicating liquor, a controlled substance,
or a combination of an intoxicating liquor and a controlled substance,
the person has visibly impaired his or her ability to operate the
vehicle. If a person is charged with violating Section 5.15(1) or
(2), a finding of guilty is permissible under this section.
(2)
Except as otherwise provided in this section, a person convicted of a violation of this section is guilty of a municipal civil infraction, punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. As part of the sentence, the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 90 days nor more than one year. The court may order the Secretary of State to issue to the person a restricted license permitting the person during all or a specified portion of the period of suspension to drive only to and from the person's residence and work location; in the course of the person's employment or occupation; to and from an alcohol or drug education program or treatment program as ordered by the court; to and from the person's residence and an educational institution at which the person is enrolled as a student; or pursuant to a combination of these restrictions. The court shall not order the Secretary of State to issue a restricted chauffeur's license which would permit a person to operate a truck or truck tractor, including a trailer, which hauls hazardous material. The court shall not order the Secretary of State to issue a restricted license unless the person states under oath and the court finds that the person is unable to take public transportation to and from his or her work location, place of alcohol or drug education or treatment, or educational institution, and does not have any family members or others able to provide transportation. The court order and license shall indicate the person's work location and the approved route or routes and permitted times of travel. For purposes of this subsection, "work location" includes, as applicable, either or both of the following:
(3)
Before accepting a plea of guilty under this section,
the court shall advise the accused of the statutory consequences possible
as a result of a plea of guilty in respect to suspension or revocation
of an operator's or chauffeur's license, the penalty imposed for violation
of this section, and the limitation on the right of appeal.
D.
Section 5.15h is hereby added as follows: Section
5.15h, Preliminary chemical breath analysis.
(1)
A peace officer who has reasonable cause to believe
that a person was operating a vehicle upon a public highway or other
place open to the general public, including an area designated for
the parking of vehicles, in the Village of New Haven, and that the
person by the consumption of intoxicating liquor may have affected
his or her ability to operate a vehicle, may require the person to
submit to a preliminary chemical breath analysis.
(2)
A peace officer may arrest a person based in whole
or in part upon the results of a preliminary chemical breath analysis.
(3)
The results of a preliminary chemical breath analysis
shall be admissible in a criminal prosecution for a crime enumerated
in Section 5.15a(1) or in an administrative hearing under Section
5.15f, solely to assist the court or hearing officer in determining
a challenge to validity of an arrest. This subsection does not limit
the introduction of other competent evidence offered to establish
the validity of an arrest.
(4)
A person who submits to a preliminary chemical breath
analysis shall remain subject to the requirements of Sections 5.15a,
5.15c, 5.15d, 5.15e, and 5.15f for the purposes of chemical tests
described in those sections.
(5)
A person who refuses to submit to a preliminary chemical
breath analysis upon a lawful request by a peace officer is responsible
for a civil infraction.
(6)
Section 5.15g shall apply to a preliminary chemical
breath analysis.
E.
After Section 5.81, add Section 5.82 as follows: Section 5.82, Mandatory child restraints.
(1)
Except as provided in this section, or as otherwise
provided by law, a rule promulgated pursuant to Act No. 306 of the
Public Acts of 1969, as amended, MCLA §§ 24.201 to
24.315, or federal regulation, each driver transporting a child in
a motor vehicle shall properly secure each child in a child-restraint
system as follows:
(a)
Any child less than one year of age in a child-restraint
system which meets the standards prescribed in 49 CFR 571.213.
(b)
Any child one year of age or more but less than
four years of age, when transported in the front seat, in a child-restraint
system which meets the standards prescribed in 49 CFR 571.213.
(c)
Any child one year of age or more but less than
four years of age, when transported in the rear seat, in a child-restraint
system which meets the standards prescribed in 49 CFR 571.213, unless
the child is secured by a safety belt provided in the motor vehicle.
(2)
This section does not apply to a nonresident driver
transporting a child in this state or to any child being nursed.
(3)
This section does not apply if the motor vehicle being
driven is a bus, school bus, taxicab, moped, motorcycle, or other
motor vehicle not required to be equipped with safety belts under
§ 710b of the Michigan Motor Vehicle Code or federal law
or regulations.
(4)
A person who violates this section is responsible
for a civil infraction.
(5)
Points shall not be assessed for a violation of this
section.
(6)
The Secretary of State may exempt by rules promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended, a class of children from the requirements of this section, if the Secretary of State determines that the use of the child-restraint system required under Subsection (1) is impractical because of physical unfitness, a medical problem, or body size. The Secretary of State may specify alternate means of protection for children exempted under this subsection.
[Added 1-13-1992 by Ord. No. 221[1]]
A.
Section 1 of Ordinance No. 184 of the Village of New
Haven[2] is hereby amended by adding Sections 1.007b, 1.010d, 1.010e,
1.010f, 1.010g, 1.014a, and 1.025b, as follows:
(1)
1.007b. "Conviction" means a final conviction,
the payment of a fine, a plea of guilty or nolo contendere if accepted
by the court, or a finding of guilt or probate court order of disposition
for a child found to be within the provisions of Chapter XII of Act
No. 288 of the Public Acts of 1939, MCLA §§ 712A.1
to 712A.28, on a traffic law violation charge, regardless of whether
the penalty is rebated or suspended.
(2)
1.010d. "Former Section 625(1) or (2)"
means Section 625(1) or (2), as amended by Act No. 391 of the Public
Acts of 1978, Act No. 515 of the Public Acts of 1980, Act No. 309
of the Public Acts of 1982, or Act No. 109 of the Public Acts of 1987.
(3)
1.010e. "Former Section 625b" means Section
625b as amended by Act No. 285 of the Public Acts of 1976, Act No.
515 of the Public Acts of 1980, Act. No. 309 of the Public Acts of
1982, or Act No. 109 of the Public Acts of 1987.
(4)
1.010f. "Former Section 5.15(1), (2)
or (5)" means Section 5.15(1), (2) or (5) of Ordinance No. 184 of
the Village of New Haven, as amended through December 31, 1991.
(5)
1.010g. "Former Section 5.15a(1), (3),
or (4)" means Section 5.15a(1), (3), or (4) of Ordinance No. 184 of
the Village of New Haven, as amended through December 31, 1991.
(6)
1.014a. "Law of another state" means
a law or ordinance enacted by another state or by a local unit of
government in another state.
(7)
1.025b. "Prosecuting attorney," except
as the context otherwise requires, means the attorney general, the
prosecuting attorney of a county, or the attorney representing a local
unit of government.
[2]
Editor's Note: Section 1 of Ord. No. 184 adopted
the Michigan Uniform Traffic Code, as amended.
B.
Section 5.62a of Ordinance No. 184 of the Village
of New Haven is hereby amended as follows: Operation of motor
vehicle by person whose license is suspended, revoked, denied, or
who has never applied for license; violations; penalties; subsequent
offenses; confiscation of plates. (corresponding to MCLA § 257.904)
(1)
A person whose operator's or chauffeur's license or registration certificate has been suspended or revoked and who has been notified as provided in MCLA § 257.212 of that suspension or revocation, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles within the Village of New Haven. A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for parking of vehicles, within the Village of New Haven by a person whose license or registration certificate is suspended or revoked, whose application has been denied, or who has never applied for a license, except as permitted by the Motor Vehicle Code. A person who violates this subsection is guilty of a municipal civil infraction, punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven, as well as follows:
[Amended 1-13-2015 by Ord. No. 333]
(a)
Unless the vehicle was stolen or used with the
permission of a person who did not knowingly permit an unlicensed
driver to operate the vehicle, the registration plates of the vehicle
shall be confiscated.
(2)
Before a person is arraigned before a District Court
Magistrate or judge on a charge of violating this section, the arresting
officer shall obtain the driving record of the person from the Secretary
of State and shall furnish the record to the court. The driving record
of the person may be obtained from the Secretary of State's computer
information network,
(3)
This section shall not apply to a person who operates
a vehicle solely for the purpose of protecting human life or property,
if the life or property is endangered and the summoning of prompt
aid is essential.
C.
Section 5.62b of Ordinance No. 184 of the Village
of New Haven is hereby added as follows: Order of impoundment. (corresponding with MCLA § 257.904b)
(1)
When a person is convicted under Section 5.62a(1)
of operating a motor vehicle while his or her license to operate a
motor vehicle is suspended, revoked, or denied, the motor vehicle,
if it is owned in whole or in part by that person, may be ordered
impounded for not less than 30 days or more than 120 days from the
date of judgment. The order of impoundment shall include the implied
consent of the owner of the vehicle to the storage for insurance coverage
purposes.
(2)
The owner of a motor vehicle impounded pursuant to
this section is liable for expenses incurred in the removal and storage
of the vehicle, whether or not the vehicle is returned to him or her.
The vehicle shall be returned to the owner only if the owner pays
the expenses for removal and storage. If redemption is not made or
the vehicle is not returned as provided in this section within 30
days after the time set in the impoundment order for return of the
vehicle, the vehicle shall be considered an abandoned vehicle and
disposed of as provided in Section 2.5a(9)-(12) of Ordinance No. 184
of the Village of New Haven.
(3)
Nothing in this section affects the rights of a conditional
vendor, chattel mortgagee or lessor of a motor vehicle registered
in the name of another person as owner who becomes subject to this
section.
D.
Section 436.34(a) of Ordinance No. 184 of the Village
of New Haven is hereby amended as follows: Transportation or
possession of alcoholic liquor in container open or uncapped or upon
which seal broken; violation punishable as a misdemeanor; nonapplicability. (corresponding with MCLA § 257.624a)
(1)
Except as provided in Subsection (2), a person shall not transport or possess alcoholic liquor in a container that is open or uncapped, or upon which the seal is broken, within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in the Village of New Haven.
(2)
A person may not transport or possess alcoholic liquor
in a container that is open or uncapped, or upon which the seal is
broken, within the passenger compartment of a vehicle upon a highway
or other place open to the general public or generally accessible
to motor vehicles, including an area designated for the parking of
vehicles in this state, if the vehicle does not have a trunk or compartment
separate from the passenger compartment, the container is enclosed
or encased, and the container is not readily accessible to the occupants
of the vehicle.
(3)
A person who violates this section is guilty of a municipal civil infraction, punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
[Amended 1-13-2015 by Ord. No. 333]
(4)
This section does not apply to a passenger in a chartered
vehicle authorized to operate by the Michigan Department of Transportation.
E.
Section 5.16c of Ordinance No. 184 of the Village
of New Haven is hereby amended as follows: Consumption of alcoholic
liquor on a highway, public place, or area generally accessible to
motor vehicles, including area designated for parking of vehicles;
violation punishable as a misdemeanor.
(1)
A person shall not consume alcoholic liquor upon a
highway, street, alley, or any public or private property which is
open to the general public and which is not licensed to sell alcoholic
liquor for consumption on the premises, or within the passenger compartment
of a moving vehicle upon a highway or in any place open to the general
public or generally accessible to motor vehicles, including an area
designated for the parking of vehicles, in the Village of New Haven.
F.
Section 5.15 of Ordinance No. 184 of the Village of
New Haven is hereby amended as follows: Operating or authorizing
or knowingly permitting another person to operate motor vehicle while
under influence of intoxicating liquor or controlled substance, or
combination thereof, or with blood alcohol content of 10% or more
prohibited; operating motor vehicle when visibly impaired prohibited;
sanctions for violation of Subsection (1), (2) or (3); enhanced sentence;
establishment of prior conviction; attempted violation of subsection
(1) or (3). (corresponding to MCLA § 257.625)
(1)
A person, whether licensed or not, shall not operate
a vehicle upon a highway or other place open to the general public
or generally accessible to motor vehicles, including an area designated
for the parking of vehicles, within the Village of New Haven if either
of the following applies:
(2)
The owner of a vehicle or a person in charge or in
control of a vehicle shall not authorize or knowingly permit the vehicle
to be operated upon a highway or other place open to the general public
or generally accessible to motor vehicles, including an area designated
for the parking of motor vehicles, within the Village of New Haven
by a person who is under the influence of intoxicating liquor or a
controlled substance, or a combination of intoxicating liquor and
a controlled substance, or who has a blood alcohol content of 10%
or more by weight of alcohol.
(3)
A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within the Village of New Haven when, due to the consumption of an intoxicating liquor, a controlled substance, or a combination of an intoxicating liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating Subsection (1), a finding of guilty under this subsection may be rendered.
(4)
If a person is convicted of violating Subsection (1), the following shall apply:
[Amended 1-13-2015 by Ord. No. 333]
(a)
Except as otherwise provided in Subdivision (b), the person is guilty of a municipal civil infraction, punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven, and may be punished by the following:
[1]
Service to the community for a period of not
more than 45 days.
(b)
If the violation occurs within seven years of a prior conviction, the person shall be sentenced as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven, and the following:
[1]
Performing service to the community for a period
of not less than 10 days or more than 90 days.
(c)
A person sentenced to perform service to the
community under this subsection shall not receive compensation and
shall reimburse the state or appropriate local unit of government
for the cost of supervision incurred by the state or local unit of
government as a result of the person's activities in that service.
(d)
As used in this subsection, "prior conviction"
means a conviction for a violation of MCLA § 257.625(1),
(4), or (5), or Section 5.15 (1)(a) or (b) of Ordinance No. 184 of
the Village of New Haven or former 625 (1) or (2), or former Section
5.15(1), (2), or (5) of Ordinance No. 184 of the Village of New Haven,
or a local ordinance substantially corresponding to MCLA § 257.625(1)
or former Section 625(1) or (2) or Section 5.15(1)(a) or (b) of Ordinance
No. 184 of the Village of New Haven, or former Section 5.15 (1), (2),
or (5) of Ordinance No. 184 of the Village of New Haven, or a law
of another state substantially corresponding to Section MCLA § 257.625(1),
(4), or (5) or former Section 625(1) or (2) or Section 5.15(1)(a)
or (b) of Ordinance No. 184 of the Village of New Haven, or former
Section 5.15(1), (2), (5) of Ordinance No. 184 of the Village of New
Haven.
(5)
In addition to imposing the sanctions prescribed under Subsection (4), the court may, pursuant to MCLA §§ 760.1 to 776.21, order the person to pay the costs of prosecution.
(7)
If a person is convicted of violating Subsection (3), the following shall apply:
[Amended 1-13-2015 by Ord. No. 333]
(a)
Except as otherwise provided in Subdivisions
(b) and (c), the person is guilty of a municipal civil infraction
punishable by one or more of the following:
(b)
If the violation occurs within seven years of one prior conviction, the person shall be sentenced to both a fine as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven, and the following:
[1]
Performing service to the community for a period
of not less than 10 days or more than 90 days.
(c)
If the violation occurs within 10 years of two or more prior convictions, the person shall be sentenced to both a fine of as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven, and the following:
[1]
Performing service to the community for a period
of not less than 10 days or more than 90 days.
(d)
As used in this subsection, "prior conviction"
means a conviction for a violation of MCLA § 257.625(1),
(3), (4) or (5), or Section 5.15(1) or (3) of Ordinance No. 184 of
the Village of New Haven, or former Section 625(1) or (2), or former
Section 625b, or former Section 5.15(1), (2) or (5) of Ordinance No.
184 of the Village of New Haven, or former Section 5.15a (1), (3)
or (4) of Ordinance No. 184 of the Village of New Haven, or a local
ordinance substantially corresponding to MCLA § 257.625(1),
or former Section 625(1) or (2), or former Section 625b, or Section
5.15(1) or (3) of Ordinance No. 184 of the Village of New Haven, or
former Section 5.15(1), (2) or (5) of Ordinance No. 184 of the Village
of New Haven, or former Section 5.15a (1), (3) or (4) of Ordinance
No. 184 of the Village of New Haven, or a law of another state substantially
corresponding to MCLA § 257.625(1), (3), (4), or (5), or
Section 5.15(1) or (3) of Ordinance No. 184 of the Village of New
Haven, or former Section 625(1) or (2) or former Section 625b or former
Section 5.15(1), (2) or (5) of Ordinance No. 184 of the Village of
New Haven, or former Section 5.15a (1), (3) or (4) of Ordinance No.
184 of the Village of New Haven.
(e)
In addition to imposing the sanctions prescribed under Subsection (4), the court may, pursuant to MCLA §§ 760.1 to 776.21 order the person to pay the costs of prosecution.
(f)
A person sentenced to perform service to the
community under this subsection shall not receive compensation and
shall reimburse the state or appropriate local unit of government
for the cost of supervision incurred by the state or local unit of
government as a result of the person's activities in that service.
(8)
If the prosecuting attorney intends to seek an enhanced sentence under Subsection (4)(b) or (7)(b) or (c), based upon the defendant having one or more prior convictions, the prosecuting attorney shall include on the complaint filed in district court a statement listing the defendant's prior convictions.
(10)
A person who is convicted of an attempted violation
of MCLA § 257.625 (1) or (3), or Section 5.15(1) or (3)
of Ordinance No. 184 of the Village of New Haven or other local ordinance
or law of another state that substantially corresponds to MCLA § 257.625
(1) or (3), or Section 5.15(1) or (3) of Ordinance No. 184 of the
Village of New Haven shall be punished as if the offense had been
completed.
G.
Section 5.15a of Ordinance No. 184 of the Village
of New Haven is hereby amended as follows: Arresting operator
of vehicle involved in accident while in violation of Ordinance No.
184 of the Village of New Haven, Section 5.15(1) or (3); requiring
operator to submit to preliminary chemical breath analysis; provisions
applicable to chemical tests and analyses other than preliminary chemical
breath analysis; introduction of other competent evidence; making
chemical test results available to person charged or attorney; offering
test results as evidence; presumptions; admissibility of person's
refusal to submit to chemical test. (corresponding to MCLA
§ 257.625a)
(1)
A peace officer, without a warrant, may arrest a person
when the peace officer has reasonable cause to believe that the person
was, at the time of an accident, the operator of a vehicle involved
in the accident in the Village of New Haven while in violation of
Section 5.15(1) or (3) of Ordinance No. 184 of the Village of New
Haven.
(2)
A peace officer who has reasonable cause to believe
that a person was operating a vehicle upon a public highway or other
place open to the general public or generally accessible to motor
vehicles, including an area designated for the parking of vehicles,
in the Village of New Haven and that the person by the consumption
of intoxicating liquor may have affected his or her ability to operate
a vehicle, may require the person to submit to a preliminary chemical
breath analysis. The following provisions shall apply with respect
to a preliminary chemical breath analysis:
(a)
A peace officer may arrest a person based in
whole or in part upon the results of a preliminary chemical breath
analysis.
(b)
The results of a preliminary chemical breath
analysis are admissible in a criminal prosecution for a crime enumerated
in Section 5.15c(1) or in an administrative hearing solely to assist
the court of the hearing officer in determining a challenge to the
validity of an arrest. This subdivision does not limit the introduction
of other competent evidence offered to establish the validity of an
arrest.
(c)
A person who submits to a preliminary chemical
breath analysis shall remain subject to the requirements of MCLA §§ 257.625c,
257.625d, 257.625f, 257.625g and Sections 5.15c, 5.15d, 5.15g of Ordinance
No. 184 of the Village of New Haven for the purposes of chemical tests
described in those sections.
(d)
A person who refuses to submit to a preliminary
chemical breath analysis upon a lawful request by a peace officer
is responsible for a civil infraction.
(3)
The following provisions apply with respect to chemical
tests and analysis of a person's blood, urine, or breath, other than
preliminary chemical breath analysis:
(a)
The amount of alcohol or presence of a controlled
substance, or both, in a driver's blood at the time alleged as shown
by chemical analysis of the person's blood, urine, or breath is admissible
into evidence in any civil or criminal proceeding.
(b)
A person arrested for a crime described in Section
5.15c(1) of Ordinance No. 184 of the Village of New Haven shall be
advised of all of the following:
[1]
That if he or she takes chemical test of his
or her blood, urine, or breath administered at the request of a peace
officer, he or she has the right to demand that a person of his or
her own choosing administer one of the chemical tests; that the results
of the test are admissible in a judicial proceeding as provided under
Ordinance No. 184 of the Village of New Haven and MCLA § 257.625
et seq., and shall be considered with other competent evidence in
determining the innocence or guilt of the defendant; and that he or
she is responsible for obtaining a chemical analysis of a test sample
obtained pursuant to his or her own request.
[2]
That if he or she refuses the request of a peace
officer to take a test described in Subparagraph [1] a test shall
not be given without a court order, but the peace officer may seek
to obtain such a court order.
[3]
That his or her refusal of the request of a
peace officer to take a test described in Subparagraph [1] shall result
in the suspension of his or her operator's or chauffeur's license
or operating privilege and in the addition of six points to his or
her driver record.
(c)
A sample or specimen of urine or breath shall
be taken and collected in a reasonable manner. Only a licensed physician
or a licensed nurse or medical technician under the direction of a
licensed physician and qualified to withdraw blood acting in a medical
environment, at the request of a peace officer, may withdraw blood
for the purpose of determining the amount of alcohol or presence of
a controlled substance, or both, in the person's blood, as provided
in this subsection. Liability for a crime or civil damages predicated
on the act of withdrawing or analyzing blood and related procedures
shall not attach to a qualified person who withdraws or analyzes blood
or assists in the withdrawal or analysis in accordance with this act
unless the withdrawal or analysis is performed in a negligent manner.
(d)
A chemical test described in this subsection
shall be administered at the request of a peace officer having reasonable
grounds to believe the person has committed a crime described in MCLA
§ 257.625c(1) or Section 5.15c(1) of Ordinance No. 184 of
the Village of New Haven. A person who takes a chemical test administered
at the request of a peace officer, as provided in this section, shall
be given a reasonable opportunity to have a person of his or her own
choosing administer one of the chemical tests described in this subsection
within a reasonable time after his or her detention, and the results
of the test shall be admissible and shall be considered with other
competent evidence in determining the innocence or guilt of the defendant.
If the person charged is administered a chemical test by a person
of his or her own choosing, the person charged shall be responsible
for obtaining a chemical analysis of the sample.
(e)
If, after an accident, the driver of a vehicle
involved in the accident is transported to a medical facility and
a sample of the driver's blood is withdrawn at that time for the purpose
of medical treatment, the results of a chemical analysis of that sample
shall be admissible in any civil or criminal proceeding to show the
amount of alcohol or presence of a controlled substance, or both,
in the person's blood at the time alleged, regardless of whether the
person had been offered or had refused a chemical test. The medical
facility or person performing the chemical analysis shall disclose
the results of the analysis to a prosecuting attorney who requests
the results for use in a criminal prosecution as provided in this
subdivision. A medical facility or person disclosing information in
compliance with this subsection shall not be civilly or criminally
liable for making the disclosure.
(f)
If, after an accident, the driver of a vehicle
involved in the accident is deceased, a sample of the decedent's blood
shall be withdrawn in a manner directed by the medical examiner for
the purpose of determining the amount of alcohol or the presence of
a controlled substance, or both, in the decedent's blood. The medical
examiner shall give the results of the chemical analysis of the sample
to the law enforcement agency investigating the accident, and that
agency shall forward the results to the state police.
(4)
The provisions of Subsection (3) relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by or under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or whether the person had a blood alcohol content of 10% or more by weight of alcohol.
(5)
If a chemical test described in Subsection (3) is administered, the results of the test shall be made available to the person charged or the person's attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least two days before the day of trial. The results of the test shall be offered as evidence by the prosecution in the trial. Failure to fully comply with the request shall bar the admission of the results into evidence by the prosecution.
(6)
Except in a prosecution relating solely to a violation
of Section 5.15(1)b of Ordinance No. 184 of the Village of New Haven,
the amount of alcohol in the driver's blood at the time alleged as
shown by chemical analysis of the person's blood, urine, or breath
shall give rise to the following presumptions:
(a)
If there was at the time 0.07% or less by weight
of alcohol in the defendant's blood, it shall be presumed that the
defendant's ability to operate a motor vehicle was not impaired due
to the consumption of intoxicating liquor and that the defendant was
not under the influence of intoxicating liquor.
(b)
If there was at the time in excess of 0.07%
but less than 10% by weight of alcohol in the defendant's blood, it
shall be presumed that the defendant's ability to operate a vehicle
was impaired within the provisions of Section 5.15(3) of Ordinance
No. 184 of the Village of New Haven due to the consumption of intoxicating
liquor.
(c)
If there was at the time 10% or more by weight
of alcohol in the defendant's blood, it shall be presumed that the
defendant was under the influence of intoxicating liquor.
(7)
A person's refusal to submit to a chemical test as provided in Subsection (3) shall be admissible in a criminal prosecution for a crime described in Section 5.15c(1) only for the purpose of showing that a test was offered to the defendant, but not as evidence in determining innocence or guilt of the defendant. The jury shall be instructed accordingly.
H.
Section 5.15c of Ordinance No. 184 of the Village
of New Haven is hereby amended as follows: Consent to chemical
tests; persons not considered to have given consent to withdrawal
of blood; administration of tests. (corresponding to MCLA § 257.625c)
(1)
A person who operates a vehicle upon a public highway
or other place open to the general public or generally accessible
to motor vehicles, including an area designated for the parking of
vehicles, within the Village of New Haven, is considered to have given
consent to chemical tests of his or her blood, breath, or urine for
the purpose of determining the amount of alcohol or presence of a
controlled substance, or both, in his or her blood, if the person
is arrested for a violation of Ordinance No. 184, Section 5.15(1)
or (3) of the Village of New Haven.
(2)
A person who is afflicted with hemophilia, diabetes,
or a condition requiring the use of an anticoagulant under the direction
of a physician shall not be considered to have given consent to the
withdrawal of blood.
(3)
The test shall be administered according to the provisions
of MCLA § 257.625a(3) or Section 5.15a(3) of Ordinance No.
184 of the Village of New Haven.
I.
Section 5.15d of Ordinance No. 184 of the Village
of New Haven is hereby amended as follows: Refusal to submit
to chemical test; court order; report to Secretary of State; form. (corresponding to MCLA § 257.625d)
(1)
If a person refuses the request of a peace officer
to submit to a chemical test offered pursuant MCLA § 257.625a(3)
or Section 5.15a(3) of Ordinance No. 184 of the Village of New Haven,
a test shall not be given without a court order, but the officer may
seek to obtain the court order.
(2)
A written report shall immediately be forwarded to
the Secretary of State by the peace officer. The report shall state
that the officer had reasonable grounds to believe that the person
had committed a crime described in MCLA § 257.625c(1) or
Section 5.15c(1) of Ordinance No. 184 of the Village of New Haven
and that the person had refused to submit to the test upon the request
of the peace officer and had been advised of the consequences of the
refusal. The form of the report shall be prescribed and furnished
by the Secretary of State.
J.
Section 5.15g of Ordinance No. 184 of the Village
of New Haven is hereby amended as follows: Duties of peace officer
if person refuses chemical test or if test reveals blood alcohol content
of 10% or more. (corresponding to MCLA § 257.625g)
(1)
If a person refuses a chemical test offered pursuant
to MCLA § 257.625a(3) or Section 5.15a(3) of Ordinance No.
184 of the Village of New Haven, or submits to the chemical test and
the test reveals a blood alcohol content of 10% or more by weight
of alcohol, the peace officer who requested the person to submit to
the test shall do all of the following:
(a)
On behalf of the Secretary of State, immediately
confiscate the person's license or permit to operate a motor vehicle
and, if the person is otherwise eligible for a license or permit,
issue a temporary license or permit to the person that is valid until
the criminal charges against the person are dismissed, or until the
person pleads guilty or nolo contendere to, or is found guilty of,
those charges. The temporary license or permit shall be on a form
provided by the Secretary of State.
(b)
Except as provided in Subsection (2), immediately do all of the following:
(2)
If a person submits to a chemical test offered pursuant to MCLA § 257.625a(3) or Section 5.15a(3) of Ordinance No. 184 of the Village of New Haven that requires the withdrawal of blood and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with Subsection (1)(a) pending receipt of the test report. If, upon receipt, the report reveals a blood alcohol content of 10% or more by weight of alcohol, the peace officer who requested the person to submit to the test shall immediately comply with Subsection (1)(b). If, upon receipt, the report reveals a blood alcohol content of less than 10% by weight of alcohol, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results, and immediately return the person's license or permit by first class mail to the address given at the time of arrest.
K.
Former Section 5.16c is hereby deleted; Section 5.16c is amended by Subsection F of this section.
M.
Repeal. All ordinances or parts of ordinances in conflict
herewith are hereby repealed only to the extent necessary to give
this section full force and effect.
N.
Savings clause. All proceedings pending, and all rights
and liability existing, acquired or incurred, at the time this section
takes effect, are hereby saved. Such proceedings may be consummated
under and according to the ordinance in force at the time such proceedings
were commenced. This section shall not be construed to alter, affect
or abate any pending prosecution, or prevent prosecution hereafter
instituted under any ordinance specifically or impliedly repealed
or amended by this article adopting this penal regulation, for offenses
committed prior to the effective date of this section and new prosecutions
may be instituted and all prosecutions pending at the effective date
of this section may be continued, for offenses committed prior to
the effective date of this section, under and in accordance with the
provisions of any ordinance in force at the time of the commission
of such offense.
[1]
Editor's Note: This ordinance provided as
follows: “This article is enacted in order to substantially
correspond with and be consistent with Act 99 of 1991, effective January
1, 1992, specifically:
"Section 1 of Ordinance 184 of the Village
of New Haven was amended to add the definitions found in MCLA §§ 257.8a,
257.18, 257.24c, 257.45a pursuant to Act 99 of 1991, and provide notice
and definition to the terms "former section 5.15(1), (2) or (5)" and
"former section 5.15a(1), (3) or (4)" as those terms are used within
Ordinance Nos. 184 and 188 of the Village of New Haven.
"Section 5.62a of Ordinance 184 of the Village
of New Haven was amended so as to substantially correspond to MCLA
§ 257.904.
"Section 5.62b of Ordinance 184 of the Village
of New Haven was added so as to substantially correspond to MCLA § 257.904b.
"Section 436.34(a) of Ordinance 184 of the
Village of New Haven was amended so as to substantially correspond
to MCLA § 257.624a.
"Section 5.16b of Ordinance 184 of the Village
of New Haven was amended for clarification.
"Section 5.15 of Ordinance 184 of the Village
of New Haven was amended so as to substantially correspond to MCLA
§ 257.625.
"Section 5.15a of Ordinance 184 of the Village
of New Haven was amended so as to substantially correspond to MCLA
§ 257.625a.
"Section 5.15c of Ordinance 184 of the Village
of New Haven was amended so as to substantially correspond to MCLA
§ 257.625c.
"Section 5.15d of Ordinance 184 of the Village
of New Haven was amended so as to substantially correspond to MCLA
§ 257.625d.
"Section 5.15g of Ordinance 184 of the Village
of New Haven was amended so as to substantially correspond to MCLA
§ 257.625g."
