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1970 Ordinances
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1970 Ordinances
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Last modified
8/27/2001 12:50:29 PM
Creation date
6/28/2001 4:57:15 PM
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Ord/Resolutions
Year
1970
Ord/Resolutions - Type
Ordinances
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within twelve r~onths before or'after the date of another act of reckless <br />driving ~or ~fnich he has been convicted, such person shall be pm~ished <br />by a. fine of not less than one h~mndred dollars nor more t'na.m one thou- <br />sand dollars, or by imp. riso=ment in jail for not'less than ten days nor <br />more than twelve months~ or by both such fine and imprisor~ent. <br /> <br />Sec. 18-53. Use of chemicai test to determine 'alcohol in blood; <br /> procedare; costs; ea~dence; suspension of license <br /> for refusal to submit to test. <br /> <br /> (a) As used in 'this section "license" means any operator's, <br />chauffeur's or learner's permit or license authoriziD~ the operation of <br />a motor vehicle upon the highways. <br /> <br /> Ih) Any person~ ~¥nether licensed by the state or not, who <br />operates a motor vehicle upon~a p~sblic highway in this city on and after <br />July one~ ninetee~ ht~ndred sixty-four, shall be deemed ther&oy, as a con- <br />dition of such operation, to have consented to have a sample of his blood <br />taken for a chemical test to determ~Lne the alcoholic content thereof if <br />such person is arrested for a violation of Section 18-52 ~?=thin ~o hours <br />of the alleged offense. <br /> <br /> (c) If a person, after being arresved for a violation of <br /> Section 18-52 and after having been advised by .the arresti~ officer <br /> ~Ynat a person who operates a motor vehicle upon a pmblic highvay in th_is <br /> state sb~all be deemed thereby, as a condition of such operation, to have <br />'consented to have a. sa.~ple of his blood vaken for a .charCoal test to deter- <br /> mine the alc6h61ic content thereof and thgt the tun~eaSo~able 're..~sal to <br /> do so constitutes groands for the revocation of the privilege of operat- <br /> lng a =o,tor v,e.hicle upon the high~ys ~of this state~ then re~ses to <br /> ~ermit tn~ taking of a s~mp. le of his b~ood for such tests, tn~ arresting <br /> officer sb~!l tsd~e the person arrested before a co,~mitt~g n~gistrate~ <br /> and if he does again so refuse after havir~ been £urther advised by such <br /> ~agistrate of the law requiring a blood test to be taken mud the penalty <br /> for refusal and so declares a~a~n his refusal in writi~ u~on a form pro- <br /> ~-~ b ...... -~ ~n~r o~ the state <br /> ~ - ~ ~ue c:~e~ r~edicai ............. (hereir~fter ~,eferred to <br /> as "chief ~z4ical ex,miner") or refuses or fails to do so decla_~e <br /> mhd such fact is certified as prescribed in paragra~n (j), then no blood <br /> s~v~ie shall be taken even tho~a he ~ay thereafter requesv same <br /> <br /> (d) Only a physician, registered professiom~l nurse, graduate <br />laboratory temhnician or a tecknician or nurse des~ted by order of a <br />cotu~t of record actir~ upon the reco~ndation of a licensed physici~n~ <br />using soap and water to. clear, se the part of the bo~y fr~m ~o_ich the blood <br />is taken and .using instrmmem, ts sserilized by the accepted steam sterilizer <br />or so=e other sterilizer which ~1! no~ affect the accuracy of the test: <br />or us~; .bh~m_~cally ~iean sterile disposable s~rrirges, shall *;rithdraw <br />blood ~or the p~p_ose of determ~.~;~-nimg the s2~ohoiic content thereof. No <br />civil liab%lity s~halt attach to amy person authorized to v~thdraw blood <br /> <br /> <br />
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