Ordinance 123-71 - Laserfiche WebLink

The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered by the direction of a law enforcement officer. The failure or inability to obtain additional test or tests by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or to his attorney. Upon the first conviction for the violation of the provisions of this section, the court shall impose a fine of not less than fifty dollars or more than five hundred dollars , and not less than five days or more than six months in jail. Upon second conviction for a violation of the provisions of this section within a period of five years , the court shall impose a fine of not less than one hundred dollars or more than five hundred dollars and not less than thirty days or more than six months in jail. Upon any subsequent conviction for a violation of the provisions of this section within a period of five years , the court shall impose a fine of not less than one hundred dollars or more than five hundred dollars and not less than thirty days or more than six months in jail, and neither the fine nor the jail sentence so imposed shall be suspended. If any provision of this section or its application to any person or circumstance is held invalid, the remainder of this section or the application of the provision to other persons or circumstances is not affected. Section 223 Statutes adopted. The following statutes are hereby adopted by reference: RCW 46 . 61. 510 Persons under the influence of drugs . RCW 46. 61. 515 Driving while under the influence of intoxicating liquor or drugs--Penalties-- Suspension or revocation of license-- Appeal (except subsections (2) and (3) thereof) RCW 46. 61. 525 Operating motor vehicle in a negligent manner. Section 223-A 46 . 61. 531 Racing or speed tests--Prohibited. No person or persons shall race any motor vehicle or motor vehicles upon any public highway, street, alley or thoroughfare of the City of Everett or upon any private property located within the corporate limits of the city without first having obtained the permission of the Chief of Police of the city. Any person or persons guilty of comparing or contesting relative speeds by the simultaneous operations of motor vehicles shall be guilty of reckless driving whether or not such speed is in excess of the maximum speed provided by law for the point of operation. Provided further, the Chief of Police of the Everett Police Department may upon application of interested party or parties , grant permission to conduct motor vehicle racing upon private property within the corporate limits of the city which permit shall be in such form as the Chief of Police may designate and which permit shall specify the time, place and hours during which such motor vehicles may be contested, and may further provide certain other conditions which in the discretion of the Chief of Police may be necessary to preserve or protect public safety, health, or welfare. Section 223-B Statute adopted. The following statute is hereby adopted by reference. RCW 46. 61. 535 Advertising of unlawful speed attained, reckless driving. -33-