[Ord. No. 4084 § 1, 11-21-2016]
As used in this Chapter, the following terms mean:
- CONTROLLED SUBSTANCE
- A drug, substance, or immediate precursor in Schedules I to V listed in Section 195.017, RSMo.
- Any circuit, associate circuit, or municipal court, including traffic court, but not any juvenile court or drug court.
- DRIVE, DRIVING, OPERATES or OPERATING
- Means physically driving or operating a vehicle or vessel.
- INTOXICATED or INTOXICATED CONDITION
- When a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
- INTOXICATION-RELATED TRAFFIC OFFENSE
- Driving while intoxicated, driving with excessive blood alcohol content 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.
- PRIOR OFFENDER
- A person who has been found guilty of one (1) intoxication-related traffic offense, where such prior offense occurred within five (5) years of the occurrence of the intoxication-related traffic offense for which the person is charged.
[CC 1988 §14-34; Ord. No. 2881 §1, 5-2-1988; Ord. No. 3470 §1, 10-15-2001; Ord. No. 3863 §1, 8-16-2010; Ord. No. 4085 § 1, 11-21-2016]
A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition. A person found guilty of the offense of driving while intoxicated as a first offense shall not be granted a suspended imposition of sentence unless such person shall be placed on probation for a minimum of two (2) years.
A person commits the offense of driving with excessive blood alcohol content if such person operates:
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 test shall be conducted in accordance with the provisions of Sections 577.020 to 577.041, RSMo.
A person found guilty of the offense of driving with an excessive blood alcohol content as a first offense shall not be granted a suspended imposition of sentence unless such person shall be placed on probation for a minimum of two (2) years.
A person found guilty of the offense of driving while intoxicated or driving with an excessive blood alcohol content as a prior offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment and shall not be granted probation or parole until he or she has served a minimum of ten (10) days imprisonment unless as a condition of such parole or probation such person performs at least thirty (30) days of community service under the supervision of the court.
Editor’s Note: Ord. No. 4085 also changed the title of this Section from "Driving Under Influence of Intoxicating Liquor or Drugs" to "Driving While Intoxicated."
[CC 1988 §14-34.1; Ord. No. 3341 §1, 5-18-1998]
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Section 342.010(A) and (B) (alcohol- or drug-related traffic offenses), 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.
Such costs 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.
Law enforcement authorities may establish a schedule of such costs 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.
These fees 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 Finance Clerk.
[Ord. No. 3988 §1, 9-16-2013]
Section 342.030 Prohibiting The Transportation of An Open Container of Alcoholic Beverages in A Motor Vehicle.
[CC 1988 §14-34.2; Ord. No. 3342 §1, 5-18-1998]
No person shall knowingly transport in any vehicle operating upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened container is in the rear trunk or rear compartment which shall include the spare tire compartment or any outside compartment which is not accessible to the driver or any other person in such vehicle while it is in motion. In the case of a pickup truck, station wagon, hatchback, or other similar vehicle, the area behind the last upright seat shall not be considered accessible to the driver or any other person.
No driver of a motor vehicle shall allow any alcoholic beverage to be consumed while in a moving motor vehicle, as defined in this Section, nor shall any person consume any alcoholic beverage while in a moving motor vehicle.
This Section shall not apply to the living quarters of a recreational motor vehicle, as defined in Section 301.010, RSMo.
Any person found guilty of violating the provisions of this Section shall be guilty of an infraction and shall be fined not more than twenty-five dollars ($25.00) and court costs.