Ordinance 3288 - Laserfiche WebLink

If there was at that time 0.05 per cent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor; If there was at that time in excess of 0.05 per cent but less than 0.15 per cent by weight of alcohol in the defendant ' - blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating li- quor, but such fact may be considered with other competent evidenc: in determining the guilt or innocence of the defendant; If there was at that time 0.15 per cent or more by weight of alcohol in the defendant 's blood it shall be presumed that the defendant was under the influence of intoxicating liquor. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evi- dence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. Nothing herein con- tained shall be construed as requiring any person to submit to a chemical analysis of his blood, and the refusal to submit to such an analysis shall not be admissable in evidence in any criminal prosecution for a violation of the provisions of this section or in any civil action. It shall be unlawful and punishable as herein provide. for any person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive upon the public streets or alley of this city. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge violating this section. Upon the first conviction for a violation of thepro- visions of this section the Court shall impose a fine of not less than Fifty ( 50.00) Dollars or more than Three Hundred ( 300.00) Dollars, or by imprisonment for not less than ten (10) days or more than ninety (90) days in the city jail, or by both such fine and imprisonment, and shall, in addition thereto, revoke the op- erator 's license of such person. Upon second or subsequent con- viction for a violation of the provisions of this section, the Court shall impose a fine of not less than One Hundred ( 100.00) Dollars or more than Three Hundred ( 300.00) Dollars, or by impri- sonment for not less than thirty (30) days or more than ninety (90) days in the city jail, or by °both such fine and imprisonment, and shall, in addition thereto, revoke the operator ' s license of such person. Section 3: That Ordinance No. 3211 be, and the same is hereby amended by adding thereto Section 187 to read as follows: Section 187: MOVING FROM A PARKED POSITION: No per- son shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety; provided, no person shall start a vehicle, which is stopped, stand ing or parked at the curb or on the shoulder of a public highway without first giving an appropriate signal showing his intention to drive the vehicle onto the traveled portion of the public stree . _0_