11-83 Amend Traffic Code - DUI - Laserfiche WebLink

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If there was at the time bodily substance was w~thdrawn a concentration of less than ten-hundredths of one percent (0.10%) by weight of"alcohol in the defendant's blood, less than ten-hundredths (0.10) of one gram by weight of alcohol per 210 liters of his breath or less than fourteen-hundredths (0.14) of one gram by weight of alcohol per 100 milliliters of his urine, such fact may be considered with other compete,~t evidence in determining the guilt or innocence of the defendant. Upon the ['equest of the person who was tested, the results of such test shall be made available to him, his attorney or agent, immediately upon the completion of the test analysis. The person tested may have a physician, a registered nurse or a qualified technician or chemist of his own choosing administer a chemical test or tests in addition to any administered at the direction of a police officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not precIude the admission of evidence relating to the test or tests taken at the direction of a police officer. An)' physician, registered nurse or qualified technician or chemist who withdraws blood from a person pursuant to this section, and any hospital, first- aid station or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is lmsed upon a claim of assault and battery or based upon any other claim that is not in the nature of a cIaim of malpractice, for any act performed in with- drawing blood from the person. (ORC 4511.19) Section 2. That Section 335.07 of the Traffic Code of the Codified Ordinances now reading as follows: 335.07 DRIVING UNDER SUSPENSION OF REVOCATION. No person, whose operator's or chauffeur's license, right or permit to operate a motor vehicle, registration, or nonresident's operating privilege has been suspended or revoked under the provisions of Ohio R.C. Chapter 4507 (Driver's License Law), or under the provisions of Ohio R.C. Chapter 4509 (Financial Responsibility Law) or under Ohio R,C. 4511.191 (Implied Consent Law), or under applicable law in any other jurisdiction where such license was issued, shall, during the effective dates of such suspension or revocation, apply for and receive a new license or drive any motor vehicle upon the streets er highways of this Municipality under a license, permit or registra- tion certificate issued by any other jurisdiction or otherwise drive any motor vehicle upon the streets or highways in this Municipality. shall be and the same is hereby amended to read as follows: 335.07 DRIVING UNDER SUSPENSION OR REVOCATION. (a) No person whose operator's or chauffeur's license or permit or non- resident operating privilege has been suspended or revoked under Ohio R.C. Chapter 4507 (Driver's License Law) or under applicable law in any other juris- diction where the license or permit was issued, shall operate any motor vehicle upon the highways or streets in the Municipality evhile such license, per- mit or privilege is suspended or revoked. No person who is granted occupational driving privileges by any court shall operate any motor vehicle upon the high- ways or streets in the Municipality except in accordance with the terms of the privileges. (ORC 4507.38) (b) No nonresident or other person whose operator's or chauffeur's license or permit or nonresident operating privilege has been suspended or revoked, shall operate a motor vehicle in the iMunicipality under a license, permit or registralion certificate issued by any other jurisdiction, or otherwise operate a motor vehicle in the Municipality during a period of such suspension, or wLth[n one year nfter the date of such revocation. (ORC 4507.39) (c) No person whose license or registration or nonresident's operating privilege has been suspended or revoked under Ohio R.C. Chapter 4509 (Financial Responsibility Law), shall, during such suspension or revocation, drive any motor vehicle upon any highway or street or knowingly permit any motor vehicle owned by such person to be operated by another upon any highway or street, exc~ep~t as permitted under such chapter. (ORC 4509.76)