72-71 Amend 331.01 Traffic - DUI

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ORDINANCE NO. 72-71 BY:Messrs. Usher, Ward, Wendling. Gaydos, Graber, Huffman, AN EMERGENCY ORDINANCE to amend Section 331.01 of the Traffic Code of the Codified Ordinances of the City of Lakewood relating to the operation of a vehicle by a person who is under the influence of alcohol. WHEREAS, the General Assembly of the State of Ohio has seen fit to amend Section 4511.19 of the Revised Code of the State of Ohio relative to oper- ating a vehicle while under the influence of alcohol effective December 3, 1971, and, WHEREAS, it is the desire of this Council to adopt such changes as have been recommended and-adopted by the General Assembly of the State of Ohio for the betterment of the public safety and welfare, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public property and for the usual daily operation of a municipal department; now, therefore, OHIO: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF Section 1. That Section 331.01 of the Traffic Code of the Codified Ordinances of the City of Lakewood, now reading as follows: 331.01 bRIVING OR PHYSICAL CONTROL WHILE UNDER INFLUENCE; TESTS; PRESUMPTIONS. (a) No person who is under the infldence of alcohol, narcotic drugs, or opiates shall operate or be in actual physical control of any vehicle within the City. (b) In any criminal prosecution for a violation of this section, relating to driving, the Municipal Court may admit evidence on the concentration of alcohol in the defendant's blood at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance withdrawn within two hours of the time of such alleged 'violation. When a person submits to a blood test at the request of a police officer under Ohio R.C. 4511.191, only a physician or a registered nurse shall withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath or urine specimens. Such bodily substance shall be analyzed in accordance with methods approved by the State Director of Health by an individual possessing a valid permit issued by the State Director of Health pursuant to Ohio R.C. 3701.143. Such evidence gives rise to the following: (1) If there was at that time a concentration of less than fifteen hundredths of one percent by weight of alcohol in the defendant's blood, such fact shall not give rise tomy presumption that the defendant was or was not under the-influence of alcohol, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. (2) If there was at that time a concentration of fifteen hun- dredths of one percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under tile inf]uence of alcohol. Upon the request of the person who was tested, the results of such test shall be made available to him, his attorney or agent, im- mediately upon the completion of thc test analysis. The person tested may have a physihian, or a qualified technicial, chemI:~t, rc,gistered nurse or other qunll, fl. ed pt, r~;on of his own ch,m~;Im' admint~;t'cr n choral, cai test ,,,' tests t.n ndtll, tion t'o any administered at tho direction of :'I police offlct.r,.and si,nil be 8o