[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.
[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.
[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.
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.
[CC 1983 §75.052; Ord. No. 08-31, 8-7-2008]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Includes intoxicating liquor, beer, wine and/or any liquid
having any alcoholic content, regardless of the percentage of alcoholic
content by weight or volume.
Any substance, natural or artificial, which taken into the
human body, can impair the ability of the person to operate a vehicle
safely.
Defined by Missouri State Statute as being under the influence
of alcohol, drug or any combination thereof.
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.
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.
[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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Upon
the request of the person who is tested, full information concerning
the test shall be made available to him/her.
[CC 1983 §75.055]
A.Â
Any
arrest for driving while intoxicated shall be handled as any other
arrest for an offense of the same severity, except as follows:
1.Â
As soon as practical following such arrest, the Police Department
shall obtain the driving record of the person arrested.
2.Â
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.Â
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.Â
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.
[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.
[CC 1983 §75.059]
A.Â
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.Â
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.
A.Â
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.Â
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.Â
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.Â
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.
