Ordinance 682-80 - Laserfiche WebLink

• 1 day nor more than 6 months, and by a fine of not more than five hundred dollars. The person shall, in addition, be required to complete a course at 2 an alcohol information school approved by the department of social and health services. One day of the jail sentence shall not be suspended or 3 deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever 4 the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and 5 the facts upon which the suspension or deferral is based. 6 (2) On a second or subsequent conviction of DWI or Physical Control as is described in section 1 and 2 of this ordinance within a five 7 year period a person shall be punished by imprisonment for not less than seven days nor more than one year and by a fine not more than one 8 thousand dollars. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a 9 risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in 10 writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If such person at the time 11 of a second or subsequent conviction is without a license or permit because of a previous suspension or revocation, the minimum mandatory 12 sentence shall be ninety days in jail and a two hundred dollar fine. The penalty so imposed shall not be suspended or deferred. 13 In addition to any nonsuspendable and nondeferrable jail sentence 14 required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding one hundred eighty days and shall suspend but 15 shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol 16 or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon 17 violation of a condition of suspension during the suspension period. 18 (3) There shall be levied and paid into the highway safety fund of the state treasury a penalty assessment in the minimum amount of 19 twenty-five percent of, and, which shall be in addition to, any fine, bail forfeiture, or costs on all offenses involving a violation of any city 20 ordinance relating to driving a motor vehicle while under the influence of intoxicating liquor or being in actual physical control of a motor vehicle 21 while under the influence of intoxicating liquor: Provided, That all funds derived from such penalty assessment shall be in addition to and exclusive 22 of assessments made under RCW 46.81.030 and shall be for the exclusive use of the department for driver services programs and for a state-wide 23 alcohol safety action program, or other similar programs designed primarily for the rehabilitation or control of traffic offenders. Such 24 penalty assessment shall be included in any bail schedule and shall be included by the court in any pronouncement of sentence. 25 (4) Notwithstanding the provisions contained in chapters 3.16, 26 3.46, 3.50, 3.62, or 35.20 RCW, or any other section of law, the penalty assessment provided for in subsection (3) of this section shall not be 27 suspended, waived, modified, or deferred in any respect, and all moneys derived from such penalty assessments shall be forwarded to the highway 28 safety fund to be used exclusively for the purposes set forth in subsection (3) of this section. 29 (5) The license or permit to drive or any nonresident privilege 30 of any person convicted of either of the offenses named in section 1 or 2 of this ordinance shall: 31 32 -6-