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8095 Driving Under InfluenceCONSOLIDATED -S ALINA Ii r� u 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or privilege to operate a motor vehicle is revoked pursuant to this section, the person whose license or privilege has been revoked shall not be entitled to such license or privilege restored until the expiration of one (1) year from the date of revocation and unless and until the Court is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 1 Vj "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