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1983 006 Ordinance
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1983 006 Ordinance
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Last modified
11/19/2018 3:50:00 PM
Creation date
7/26/2018 4:11:00 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
006
Date
2/21/1983
Year
1983
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l <br />; <br />M.V. ORDINANCE N0. 83-6 <br />Page -4- ( 23 - -If - the-re- was- a-t- -that- time- -a- -of - tien <br />???e7??d??s- o?- o?e- ?e?ee??- ??- ???-??- b?- w?3??i.?- r??- <br />4-n- ?-he- def e-ndafi-ts' s- b-1ood, - 3-t- aha3-1- bi--- p-??siimie4- &bat <br />the- de€endatit- wais- ti-nde-r- the- 4:.nf -1u-e-nce- ,Q-f - <br />1 3 ? - -If - the-re- was- ?-t- ?-he- ?-ifne- a- -of - -f -iv€ <br />htin??-edthS- of- otie- tDe-ree+it- 4o-r- -le-srs- by- w4eag-h.t_ -of - a-1-ca.hjol <br />iti- the- de-f endacit' s- b1o4Dd, - ?-t- zha-1-1- b4e- -p-r?ez.um$4d- t-ha.t- <br />th-e- def e?eliant- was- +io*-- -u+ide-r- -?h4e- 3??Iue.?c?e- o€- ?-lc-0he-1. o <br />IF THERE WAS AT THE TIME BODILY SUBSTANCE WAS WITHDRAWN <br />A CONCENTRATION OF LESS THAN TEN HUNDREDTHS OF ONE PERCENT <br />(0.10) OF ONE GRAM BY WEIGHT OF ALCOHOL PER 100 MILLILITERS OF <br />HIS URINE, SUCH FACT MAY BE CONSIDERED WITH OTHER COMPETENT ' <br />EVIDENCE IN DETERMINING THE GUILT OR INNOCENCE OF THE DEFENDANT. <br />Upon the request of the person who was tested, the results of <br />such test shall be made available to him, his attorney or agent, <br />immediately upon completion of the test analysis. <br />The person tested may have a physician, a registered nurse <br />or a qualified technician or chemist of his own choosing <br />administer a chemical test or tests in addition to any <br />administered at the direction of a police officer, and shall be <br />so advised. The failure or inability to obtain an additional <br />test by a person shall not preclude the admission of evidence <br />relating to the test or tests taken at the direction of a police <br />officer. <br />ANY PHYSICIAN, REGISTERED NURSE OR QUALIFIED TECHNICIAN OR <br />CHEMIST WHO WITHDRATaiS BLOOD FROM A PERSON PURSUANT-TO THIS <br />SECTION, AND ANY HOSPITAL, FIRST AID STATION OR CLINIC AT WHICH <br />BLOOD IS WITHDFtP,WN FROM A PERSON PU RSUANT TO THIS SECTION, IS <br />IMMUNE FROM CRIMINAL LIABILITY, AND FROM CIVIL LIABILITY THAT IS <br />BASED UPON A CLAIM OF ASSAULT AND BATTERY OR BASED UPON ANY OTHER <br />CLAIM THAT IS NOT IN'THE NATURE OF A CLAIM OF MP,LPRACTICE, FOR <br />ANY ACT PERFORMED IN WITHDRP,WING BLOOD FROM THE PERSON (ORC <br />4511019) 335.07 Driving Under Suspension or Revocation. <br /> <br />No person, whose operator's or chauffeur°s license, right or <br />permit to operate a motor vehicle, registration, or nonresident°s <br />operating privilege has been suspended or revoked under the <br />provisions of Ohio R.C. Chapter 4507 (Driver's License Law), or <br />under Ohio R.C. 4511.191 (Implied Consent Law)o or under <br />applicable law in any other jurisdiction where such license was <br />issued, shall, during the effective dates of such suspension or <br />revocation, apply for and receive a new license or drive any <br />motor vehicle upon the streets or highways of this Municipality <br />unc]er a license, permit or registration certificate issued by any <br />other jurisdiction or otYierwise drive any motor vehicle upon the <br />streets or highways in this Municipality.
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