1990 040 Ordinance - Laserfiche WebLink

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M.V. ORDINANCE N0. 90--40 Page --12- (e) Physical Control by Minors. No person under eighteen years of age shall be in actual physical control of any vehicle within this Municipality, if any of the following apply: (1) The person has a concentration of at least two-hundredths of one percent (0.02%) but less than ten-hundredths of one percent (0.10%) by weight of alcohol in his blood; (2) The person has a concentration of at least two-hundredths (O.v2) on one gram but less than ten-hundredths (0.10) of one gram by weight of alcohol per 210 liters of his breath; (3) The person has a concentration of at least twenty-eight one-thousandths (0.028) of one gram but less than fourteen-hundredths (0.14) of one gram by weight. of alcohol in is urine. (f) Evidence; Tests; Immunity. In any criminal. prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in the defendant's blood, breath, urine or other bodily substance 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the alleged violation as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance withdrawn within two hours of the time of the alleged violation.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, a registered nurse or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol, drug, or alcohol and drug content. This limitation does not apply to the taking of breath or urine specimens. A physician, a registered nurse or a qualified technician or chemist may refuse to withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content of the blood, if in his opinion the physical welfare of the person would be endangered by the withdrawing of blood. Such bodily substance shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to Ohio R.C. 3701.143. If there was at the time the bodily substance was withdrawn a concentra- tion of less than ten-hundredths of one percent (0.10%) by weight of alcohol in the defendant's blood, less than ten-.hundredths (0.10) of one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 millili- ters of his urine, such fact may be considered. with other competent evidence in determining the guilt or innocence of the defendant. Upon the request of the person who was tested, the results of the chemi- cal test shall be made available to him, his attorney or agent, immediately upon the completion of the chemical 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 request of a police officer, and shall be so advised. The failure or inability to obtain an additional chemical. test by a person shall not preclude the admission of evidence relating to the chemical. test or tests taken at the request of a police officer. Any 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 based upon a claim of assault and battery or based upon any other