HomeMy WebLinkAboutO-0653 - Driving while intoxicated (Repealed by 940, 965)~.I ....'
ORDINANCE NO.653
An ordinance of th~City of Marysville relating to the
operation of and being in control of a motor vehicle
upon the public highways of the city while under the
influence or affected by .intoxicating liquor,and
.repealing all ordinances or.parts of ordinances
in conflict herewith.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO ORDAl~AS FOLLOWS:
Section i.Upon the trial of any civil or criminal action
or proceeding arising out of acts alleged to have been committed
by any person while driving or in ac~ual physical control of a
vehicle while under the influence of intOXicating liquor,the
amount of alcohol in the person's blood at the time alleged as
shown by chemical analysis of his blood,breath or other bodily
substance shall give rise to the following presumptions:
(a)If there was at that':time 0.05 per cent or less by
weight of alcohol in the person's blood,it shall be presumed
that he.was not under the influence of intoxicating liquor.
(b)If there was at that time in excess of 0.05 per cent
but less than 0.10 per cent by weight of alcohol in the person's
blood,such fact shall not give rise to any presumption that the
person Was or was not under the influence of intoxicating liquor,
but such fact may be considered with other competent evidence in
determining Whether the person Was under the influence of
intoxicating liquor.
(c)If there was at that time 0.10 per cent or more by
weight of alcohol ~n the person's blood,it Shall be presumed
,that he waS under the influence of into~icating liquor.
(d)Per cent by weight of alcohol in the blood shall be
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based upon milligrams of alcohol per one hundred cubic c~ntimeters
of blood.
(e)The foregoing provisions of this section shall not be
construed as limiting the introduction of any other competent
evidence bearing upon the question whether the person ,was under the
influence of intoxicating liquor.
Section 2.Chemical analysis of the person's blood or
breath to be considered valid under the provisions of this'section
shall have been performed according to methods approved by ,the
'state toxicologist ,and-by an individual possessing a valid permit,
issuad by the state toxicologist f~r this purpose.The state
toxicologist is directed to approve satisfactory techniques or
methods,to supervise the examination of individuals to ascertain
their qualifications'and competence to conduct such analyses,and
to issue permits which shall'be subject 'to termina~ion or
revocation at ,the discretion of t;hestate toxi'cologist.
Section 3.When a blood test is administered,the withdrawal
of blood for the purpose of determining its alcoholic content may
be pet;formsd only by a,phys ician,a.rggi's·t-ereo nucse ,or a qualified
technician.This limitation shall not apply to the taking of
breath specimens.
Section 4.The person tested may have a physician,or a
que I'Lf Led technician,chemd.s t;registered nurse,or ,other qualified
person of his own choosing administer'a,-chemical test or tests in
addition to any administered at the di~~ction of a law enforcement
officer.The failure or .inability to,abtain an additional test by
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a person shall not preclude the admission of evidence relating to
the test or tests taken at the direction of a law enf9rcement
officer.
Section 5.Upon the request of the person who shall submit
to a chemical test or t~sts at the request of a law enforcement
officer,full o~nformation concerning the test or tests shall be
made available to him or his attorney.
Section 6.This ordinance shall take effect and be in
force from and after its passage,approval and five days following
its publication as required by law.
PASSED ,by the City Council of the City of Marysville this
23rd____________da~of December,1968.
THE CITY OF MARYSVILLE
May 0 r
By:~:__---
ATTEST •
City Attorney
.City Clerk
APPROVED AS TO FORM I
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