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72-117 Ordinance
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72-117 Ordinance
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1/10/2014 3:28:25 PM
Creation date
1/8/2014 4:28:39 AM
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North Olmsted Legislation
Legislation Number
72-117
Legislation Date
7/18/1972
Year
1972
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CITY OF NORTH OLMSTED ORDINANCE NO. 72- ~~~ PAGE 2 <br />upon the completion of the test analysis. <br />The person tested may have a physican, or a qualified technician, <br />chemist, registered nurse or other qualified person of his own <br />choosing administer a chemical test. or tests in addition to any <br />administered at the direction of a police officer, and shall be so <br />advised. The failure or inability to obtain an additional test by <br />a person shall not preclude the admission of evidence relating <br />to the test taken at the direction of a police officer. <br />be and the same is hereby amended to read as follows : <br />333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE ; <br />EVIDENCE. <br />(a) No person who is under the influence of alcohol or any drug of <br />abuse shall operate any vehicle wtt!hin the Municipality. <br />(b) No person who is under the influence of alcohol or any drug of <br />abuse shall be in actual physical control of nay vehicle within <br />the Municipality. <br />(c) In any criminal prosecution for a violation of this section relating <br />to driving a vehicle while under the influence of alcohol, the <br />Court may admit evidence on the concentration of alcohol in the <br />defendant's blood at the time of the alleged violation as shown <br />by chemical analysis of the defendant's blood, urine, breath or <br />other bodily substance withdrawn within two hours of the time of <br />such alleged violation. When a person submits to a blood test <br />at the request of a police officer under Ohio R. C. 4511.191, only <br />a physician or a registered nurse shall withdraw blood for the <br />purpose of determining the alcoholic content therein. This <br />limitation does not apply to the taking of breath or urine specimens. <br />Such bodily substance shall be analyzed in accordance with methods <br />approved by the Ohio Director of Health by an individual possessing <br />a valid permit issued by the Director of Health pursuant to Ohio R. <br />C. 3701.143. Such evidence gives rise to the following : <br />(1) If there was at that time a concentration of less than ten <br />hundredths of one percent by weight of alcohol, but more <br />than five hundredths of one percent by weight of alcohol, <br />in the defendant's blood, such fact shall not gimme rise to <br />any presumption that the defendant was or was not under <br />the influence of alcohol, but such fact may be considered <br />with other competent evidence in determining the guilt or <br />in~aocence of the defendant. <br />(2) If there was at that time a concentration of ten hundredths <br />of one percent or more by weight of alcohol in the defendant's <br />blood, it shall be presumed that the defendant was under <br />the influence of alcohol. <br />(3) If there was at the time a concentration of five hundredths of <br />one percent, or less by weight of alcohol in the defendant's <br />blood, it shall be presumed that the defendant was not under <br />the influence of alcohol. <br />Upon the request of the person who was tested, tle results <br />of such test shall be made available to him his attorney or <br /> <br />
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