8095 Driving Under InfluenceCONSOLIDATED -S ALINA
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ORDINANCE NUMBER 8095
(Published in The Salina Journal 1970)
AN ORDINANCE RELATING TO THE DRIVING OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE
OF INTOXICATING LIQUOR: RELATING TO THE AMOUNT OF ALCOHOL PRESENT IN A PERSON'S BLOOD;
AMENDING SECTIONS 22-67 and 22-74 OF THE SALINA CODE AND REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
follows:
I Section 1. That Section 22-67 of The Salina Code is hereby amended to read as
"Sec. 22-67. Driving under Influence of Liqu2r or Drugs -
Prohibited; Penaltv
"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 intoxicating liquor to drive any vehicle
within this City.
"Sec. 22-67 (2). Drums It is unlawful and punishable
as provided in Section 22-67 (3) for any person who 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 within this City. The fact that any person
charged with violation of this section is or Inas 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). Penalty. Every person who is convicted
of a violation of this section shall be punished by imprisonment
for not more than six (6) months, or by a fine of not less than
One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
($500.00), or by both such fine and imprisonment. On a second
or subsequent conviction he shall be punished by imprisonment for
not less than ninety (90) days nor more than one (1) year, and
in the discretion of the Court, a fine of not more than Five
Hundred Dollars ($500.00).
"Sec. 22-67 (4). Suspension or Revocation) of License.
In addition to any fine or imprisonment impos9d 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or privilege has been revoked shall not be entitled to such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. The provisions of K. S. A. 1969 Supp. B-256 shall not apply
to any license suspended or revoked hereunder.',
CONSOLIDATED-SALINA
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"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 Cou',rt 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 2. That Section 22-74 of The Salina Code is hereby amended to read as
follows:
"Sec. 22-74. Same - Evidence of Intoxication: PresUmDtions.
Any criminal prosecution for the violation of this Code
relating to the driving of a motor vehicle while under the
influence of intoxicating liquor, evidence of the amount of
alcohol in the defendant's blood at the tim& alleged as
shown by the chemical analysis of the defendpnt's blood, urine,
breath or other bodily substance may be admitted, and shall
give rise to the following presumptions:
"Sec. 22-74 (1). If there was at that time less than
0.10 percent by weight of alcohol in the defendant's blood,
it shall be presumed that the defendant was not under the
influence of intoxicating liquor;
"Sec. 22-74 (2). If there was at the time 0.10 percent
or more by weight of alcohol in the defendant's blood, it shall
be presumed that the defendant was under the influence of
intoxicating liquor."
Section 3. Sections 22-67 and 22-74 of The Salina Code are hereby repealed.
Section 4. This ordinance shall take effect and be in force from and after
its adoption and publication once in the official city newspaper.
Introduced: July 13, 1970
Passed: July 20, 1970
ayor I!,
(SEAL) d
Attest:
City Clerk