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Ordinance 4134
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Ordinance 4134
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10/24/2019 10:17:06 AM
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10/24/2019 10:17:00 AM
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Ordinances
Ordinance Number
4134
Date
2/15/1966
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presumption that the defendant was or was not under the <br /> influence of intoxicating liquor, but such fact may be con- <br /> sidered with other competent evidence in determining the <br /> guilt or innocence of the defendant ; <br /> If there was at that time 0. 15 per cent or more by <br /> weight of alcohol in the defendant ' s blood, it shall be pre- <br /> sumed that the defendant was under the influence of intoxicat- <br /> ing liquor . <br /> The foregoing provisions of this section shall not <br /> be construed as limiting the introduction of any other compe- <br /> tent evidence bearing upon the question whether or not the <br /> defendant was under the influence of intoxicating liquor. <br /> Nothing herein contained shall be construed as requiring <br /> any person to submit to a chemical analysis of his blood, <br /> and the refusal to submit to such an analysis shall not be <br /> admissable in evidence in any criminal prosecution for a <br /> violation of the provisions of this section or in any civil <br /> action. <br /> It shall be unlawful and punishable as herein pro- <br /> vided for any person who is a habitual user of or under the <br /> influence of any narcotic drug or who is under the influence <br /> of any other drug to a degree which renders him incapable of <br /> safely driving a vehicle to drive upon the public streets or <br /> alleys of this city or over, along or upon private or public <br /> property in this city. The fact that any person charged with <br /> a violation of this section is or has been entitled to use <br /> such drug under the laws of this state shall not constitute <br /> a defense against any charge violating this section. <br /> Upon the first conviction for the violation of the <br /> provisions of this section, the court shall impose a fine of <br /> not less than Fifty Dollars ($50.00) or more than Five Hundred <br /> -2- <br />
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