HomeMy WebLinkAbout2001-112 - Amendment to Chapter 342 of the Municipal CodeBILL NO. ~ ~~~ /,;n.
ORDINANCE NO.~~II~ ~~~
AN ORDINANCE AMENDING CHAPTER 342 OF THE MUNICIPAL CODE OF THE
CITY OF RIVERSIDE, MISSOURI RELATING TO
DRIVING WHILE INTOXICATED AND
EXCESSIVE BLOOD ALCOHOL CONTENT
WHEREAS, the Missouri Legislature has adopted a bill and signed such into law which
alters the nature and types of evidence related to presumptions of driving a vehicle while
intoxicated.
WHEREAS, the City Code provisions related to the prohibition of driving a vehicle
while intoxicated and related offenses closely tracks the State of Missouri's statutes related to the
same.
WHEREAS, the City has the duty of protecting the public, health, safety and welfare,
and desires to do so fairly and responsibly.
NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of Riverside,
Missouri:
Section 1. The Municipal Code of the City of Riverside, Section 342.010 is hereby
amended and shall read as follows:
SECTION 342.010: DRIVING WHILE INTOXICATED
A. No person shall drive, operate or be in actual physical control of any vehicle
while he/she is in an intoxicated condition.
B. Upon the trial of any action arising out of the acts alleged to have been committed
by any person while driving or in actual control of a vehicle while intoxicated,
evidence of the amount of alcohol in the person's blood at the time alleged as
shown by chemical analysis of the person's blood, breath, saliva or urine is
admissible in evidence. Such evidence shall be construed as follows:
I. If there was less than eight hundredths of one percent (0.08%) by weight
of alcohol in the person's blood the fact shall not give any presumption
that the person was or was not intoxicated, but the fact may be considered
with other competent evidence in determining whether the person was
intoxicated.
2. If there was eight hundredths of one percent (0.08%) 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.
C. Percent by weight of alcohol in the blood shall be based upon grams of alcohol
per one hundred (100) milliliters of blood.
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