82-8915 Driving Under InfluenceORDINANCE NUMBER 82-8915
(Published in The Salina Journal --\ Z , 1982)
AN ORDINANCE PERTAINING TO OPERATING A VEHICLE WHILE UNDER THE INFLUENCE
OF LIQUOR OR DRUGS; PROVIDING FOR CHEMICAL TESTS TO DETERMINE ALCOHOLIC CONTENT
OF THE OPERATOR'S BLOOD, BREATH, URINE OR SALIVA; PROVIDING FOR EVIDENCE OF
INTOXICATION AND PRESUMPTIONS; AND PROVIDING FOR PENALTIES FOR VIOLATIONS OF ANY
OF THE PROVISIONS OF SAID ORDINANCE; AMENDING SECTIONS 22-67 TO 22-75, INCLUSIVE,
OF THE SALINA CODE AND REPEALING THE EXISTING SECTIONS.
Kansas:
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Section 1. That Sections 22-67 to 22-75, inclusive, of The Salina
Code be amended to read as follows:
''Section 22-67. Driving under the influence of liquor or
drugs - Prohibited; Penalty.
Sec. 22-67(1). Liquor. It is unlawful and punishable as
provided .in Section 22-67(3) for any person who is under the
influence of alcohol to drive any vehicle within this city.
Sec. 22-67(2). Drugs. No person shall operate any vehicle
within this city if the person is a habitual user or under the
influence of any narcotic drug or who is under the influence of
any other drug to a degree which renders him incapable of safely
driving a vehicle to drive a vehicle.. The fact that any person
charged with violation of this section is or has been entitled to
use such drug under the laws of this state shall not constitute
a defense against any charge of violating this section.
Sec. 22-67(3). PenaZty. Every person who is convicted of
a violation of this section shall be punished by imprisonment
for not more than twelve (12) months, or by a fine of not less
than two hundred dollars ($200.00) nor more than twenty-five
hundred dollars ($2,500.00), or by both such fine and imprisonment.
Sec. 22-67(4). Suspension or revocation of Zicense. In
addition to any fine or imprisonment imposed under this section,
the court imposing such fine or conviction may suspend or revoke
the operator's or chauffeur's license or privilege to operate a
motor vehicle on the public highways of this state of any person
convicted of violating this section. Any such suspension shall
not be for a period of more than one (1) year, and whenever a
license or privilege to operate a motor vehicle is revoked
pursuant to this section, the person whose license or privilege
has been revoked shall not be entitled to such license or privilege
restored until the expiration of one (1) year from the date of
revocation and unless and until the court is satisfied that the
character, habits and driving ability of such person is such
that it will be safe to grant to such person the privilege of
driving a motor vehicle on the public highways of this state.
Upon suspending or revoking any license pursuant to this
section, the court shall require that such license be surrendered
to the court, who shall transmit the same to the motor vehicle
department to be retained by the department until further order
of the court. Whenever the court shall restore the privilege to
operate a motor vehicle on the public highways of this state to
any person whose license was suspended or revoked pursuant to
this section, the court shall notify the department thereof, and
the department shall forthwith return the license to such person
when the conditions established by law have been met by the
licensee, or, in the event such license is no longer valid, shall
issue the appropriate license to such person upon proper application
and payment of the required fee.
"Section 22-68. Same - Consent to submit to blood test deemed given.
Any person who operates a motor vehicle upon a public highway
in this state shall be deemed to have given his consent to submit
to a chemical test of his breath, blood, urine, or saliva to
determine the alcoholic content of the person's blood whenever the
person shall be arrested or otherwise taken into custody for any
offense involving operating a motor vehicle under the influence of
alcohol in violation of this Code and the arresting officer has
reasonable grounds to believe that prior to his arrest the person
was driving under the influence of alcohol.
"Section 22-69. Same - Arresting officer to direct test.
The blood test shall be administered at the direction of the
arresting officer.
If a law enforcement officer requests the arrested person submit
to a chemical test of blood, the withdrawal of blood may be performed
only by: (1) a person licensed to practice medicine or surgery or a
person acting under the supervision of any such licensed person, or
(2) a registered nurse or licensed practical nurse, or (3) any
qualified medical technician.
"Section 22-70. Same.
If the person arrested person refused a request to submit to a
test of breath or blood, it shall not be given and the person's
refusal to submit to the test shall be admissable in evidence
against the person at any trial for driving under the influence
of alcohol. The arresting officer shall make a report verified
on oath to the Kansas Division of Vehicles, stating that prior
to the request, the officer had reasonable grounds to believe -the
person was driving under the influence of alcohol.
"Section 22-71. Same - Report of test required.
Upon the request of any person submitting to a chemical test
under this chapter, a report of the test shall be delivered to him.
"Section 22-72. Same - Entitlement to additional test.
Without limiting or affecting the provisions of Sections 22-68
through 22-73 hereof, the person tested shall have a reasonable
opportunity to have an additional chemical test by a physician of
his own choosing. In case the officer refuses to permit such
additional chemical test to be taken, then the original test shall
not be competent in evidence.
"Section 22-73. Same - Evidence of intoxication; Presumptions.
Any criminal prosecution for the violation of this Code relating
to the driving of a motor vehicle while under the influence of alcohol,
or a combination of alcohol and any drug, evidence of the amount of
alcohol in the defendant's blood at the time alleged as shown by the
chemical analysis of the defendant's blood, urine, breath or other
bodily substance may be admitted, and shall give rise to the following
presumptions:
Sec. 22-73(1). If there was at the time less than 0.10 per cent
by weight of alcohol in the defendant's blood, such fact may be
considered with other competent evidence to determine if the defendant
was under the influence of a combination of alcohol and any drug;
Sec. 22-73(2). If there was at the time of the test 0.10 per
cent or more by weight of alcohol in the defendant's blood, it shall
be presumed that the defendant was under the influence of alcohol to
a degree that rendered the person incapable of operating a vehicle as
a person exercising ordinary care would under the circumstances.
''Section 22-74. Same — Submission of other evidence.
The provisions of Sections 22-68 through 22-73, shall not be
construed as limiting the introduction of any other competent evidence
bearing upon the question of whether or not the defendant was under
the influence of intoxicating liquor.''
Section 2. That the existing Sections 22-67 to 22-75, inclusive, of
The Salina Code are hereby repealed.
Section 3. This ordinance shall be in full force and effect from and
after its adoption and publication in the official city newspaper.
Introduced: June 28, 1'982
(SEAL)
ATTEST:
t
D. L. Harrison, City Clerk
Passed: June 30, 1'982
Keith G. Duckers, Mayor