City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
[Code 1972, §21-6; CC 1988 §26-301; Ord. No. 86-1921 §1, 11-10-1986]
A. 
A person commits the offense of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition.
B. 
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.
[CC 1988 §26-302; Ord. No. 86-1921 §1, 11-10-1986; Ord. No. 2002-2498 §1, 2-26-2002]
A. 
A person commits the offense of driving with excessive blood alcohol content if he operates a motor vehicle with eight-hundredths of one percent (.08%) or more by weight of alcohol in his 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 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 380.030 to 380.100.
[CC 1988 §26-303; Ord. No. 86-1921 §1, 11-10-1986]
A. 
Any person who operates a motor vehicle upon the public highways shall be deemed to have given consent to, subject to the provisions of Sections 380.030 to 380.100, 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 Police 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 380.030 to 380.100 shall be performed according to methods approved by the State Division of Health by licensed medical personnel or by a person possessing a valid permit issued by the State Division of Health for this purpose.
D. 
The State Division of Health shall approve satisfactory techniques, devices, equipment or methods to be considered valid under the provisions of Sections 380.030 to 380.100 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 Division of Health.
E. 
The person tested may have a physician, or a qualified technician, chemist, registered nurse or other qualified person of his own choosing and at his expense, administer a test in addition to any administered at the direction of a Police 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 Police Officer.
F. 
Upon the request of the person who is tested, full information concerning the test shall be made available to him.
[CC 1988 §26-304; Ord. No. 86-1921 §1, 11-10-1986]
A. 
Chemical tests of the person's breath, blood, saliva or urine to be considered valid under the provisions of Sections 380.030 to 380.100, shall be performed according to methods and devices approved by the State Division of Health by licensed medical personnel or by a person possessing a valid permit issued by the State Division of Health for this purpose.
B. 
The State Division of Health shall approve satisfactory techniques, devices, equipment or methods to conduct tests required by Sections 380.030 to 380.100, and shall establish standards as to the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Division of Health.
[CC 1988 §26-305; Ord. No. 86-1921 §1, 11-10-1986]
A licensed physician, registered nurse or trained medical technician at the place of his employment, acting at the request and direction of the Police Officer, shall withdraw blood for the purpose of determining the alcohol content of the blood, unless such medical personnel, in his good-faith medical judgment, believes such procedure would endanger the life or health of the person in custody. Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva specimen, or a urine specimen. In withdrawing blood for the purpose of determining the alcohol content thereof, only a previously unused and sterile needle and sterile vessel shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. A non-alcoholic antiseptic shall be used for cleansing the skin prior to venipuncture. Upon the request of the person who is tested, full information concerning the test taken at the direction of the Police Officer shall be made available to him.
[CC 1988 §26-306; Ord. No. 86-1921 §1, 11-10-1986]
No person who administers any test pursuant to the provisions of Sections 380.030 to 380.100 upon the request of a Police Officer, no hospital in or with which such person is employed or is otherwise associated or in which such test is administered, and no other person by whom or with which such person is employed or is in any way associated, shall be civilly liable in damages to the person tested unless for gross negligence or by wilful or wanton act or omission.
[CC 1988 §26-307; Ord. No. 86-1921 §1, 11-10-1986]
Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusing to take a test as provided in Sections 380.030 to 380.100 shall be deemed not to have withdrawn the consent provided by Section 380.030 and the test or tests may be administered.
[CC 1988 §26-308; Ord. No. 86-1921 §1, 11-10-1986]
A. 
Upon the trial of any person for violation of any of the provisions of Section 380.010 or 380.020, or upon the trial of violations of any ordinances arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subdivision (5) of RSMo., Section 491.060, shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was ten-hundredths of one percent (.10%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
B. 
Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood.
C. 
The foregoing provisions of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.
D. 
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (A) of this Section, shall have been performed as provided in Sections 380.030 to 380.100 and in accordance with methods and standards approved by the State Department of Health.
E. 
Any charge alleging a violation of Section 380.010 or 380.020 shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva or urine performed in accordance with Sections 380.030 to 380.100 and rules promulgated thereunder by the State Department of Health demonstrate that there was less than ten-hundredths of one percent (.10%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
1. 
There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;
2. 
There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or
3. 
There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.
[RSMo. §577.041]
A. 
If a person under arrest refuses upon the request of the Arresting Officer to submit to any test allowed under Section 577.020, RSMo., then none shall be given and evidence of the refusal shall be admissible in a proceeding under Section 577.010 or 577.012, RSMo. The request of the Arresting Officer shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of his refusal to take the test may be used against him and that his license may be revoked upon his refusal to take the test. If a person when requested to submit to any test allowed under Section 577.020, RSMo., requests to speak to an attorney, he shall be granted twenty (20) minutes in which to attempt to contact an attorney. If upon the completion of the twenty (20) minute period the person continues to refuse to submit to any test, it shall be deemed a refusal. In this event, the Arresting Officer, if he so believes, shall make a sworn report to the Director of Revenue that he has reasonable grounds to believe that the arrested person was driving a motor vehicle while in an intoxicated condition and that, on his request, refused to submit to the test. Upon receipt of the officer's report, the Director shall revoke the license of the person refusing to take the test for a period of one (1) year; or if the person arrested be a non-resident, his operating permit or privilege shall be revoked for one (1) year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, an order shall be issued denying the person the issuance of a license or permit for a period of one (1) year.
B. 
If a person's license has been revoked because of his refusal to submit to a chemical test, he may request a hearing before a court of record in the county in which the arrest occurred. Upon his request the Clerk of the court shall notify the prosecuting attorney of the County and the prosecutor shall appear at the hearing on behalf of the Arresting Officer. At the hearing the judge shall determine only:
1. 
Whether or not the person was arrested;
2. 
Whether or not the Arresting Officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated condition; and
3. 
Whether or not the person refused to submit to the test.
C. 
If the judge determines any issue not to be in the affirmative, he shall order the Director to reinstate the license or permit to drive.
D. 
Requests for review as herein provided shall go to the head of the docket of the court wherein filed.
[CC 1988 §26-311; Ord. No. 86-1921 §1, 11-10-1986]
An arrest without a warrant by a Police Officer for a violation of Section 380.010 or 380.020 is lawful whenever the Arresting Officer has reasonable grounds to believe that the person to be arrested has violated the Section, whether or not the violation occurred in the presence of the Arresting Officer; provided however, that any such arrest without warrant must be made within one and one-half (1½) hours after such claimed violation occurred.
[CC 1988 §26-312; Ord. No. 86-1921 §1, 11-10-1986]
A. 
Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating the provisions of Section 380.010 or 380.020 involving alcohol or, drug-related traffic offenses, the court may, as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law, RSMo., Section 557.011, 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 Police Department and the Missouri Department of Public Safety and Department of Mental Health. Such a program may be used as a condition for suspending any permissible portion of any sentence only one (1) time.
B. 
The cost of the program shall be paid by the person attending the program.
C. 
The Clerk of the Municipal Court shall send a record of the participation and completion of the program to the State Highway Patrol for inclusion in the State Uniform Law Enforcement Systems records.
[CC 1988 §26-313; Ord. No. 86-1921 §1, 11-10-1986]
A record of the final disposition in any court proceeding involving a violation of any of the provisions of Sections 380.010 to 380.030 involving alcohol or drug-related driving offenses, 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 State Highway Patrol within fifteen (15) days by the Clerk of the Court and shall be entered by the Highway Patrol in the State Uniform Law Enforcement System records. 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 code or number identifying the particular arrest, and any court action or requirements pertaining thereto.
[Ord. No. 92-2084 §1(26-314), 8-24-1992]
A. 
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Section 380.010 and 380.020 (alcohol- or drug-related traffic offenses), the court may, in addition to imposition of any penalties provided by law, order the person to reimburse the City for the costs associated with such arrest.
B. 
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.
C. 
The City 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.
D. 
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 City Treasurer.