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HomeMy WebLinkAbout02-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 02 -07 Passed 20 1 AN ORDINANCE AMENDING SECTION 73.01 OF THE DUBLIN CODIFIED ORDINANCES REGARDING DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND SECTION 73.03 OF THE DUBLIN CODIFIED ORDINANCES REGARDING PHYSICAL CONTROL OF VEHICLE WHILE UNDER THE INFLUENCE, AND DECLARING AN EMERGENCY. WHEREAS, Dublin Codified Ordinance, Section 73.01, provides that no person shall operate any vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and WHEREAS, Dublin Codified Ordinance, Section 73.01, is modeled after Ohio Revised Code, Section 4511.19; and WHEREAS, Dublin Codified Ordinance, Section 73.03, provides that no person shall be in physical control of vehicle while under the influence; and WHEREAS, Dublin Codified Ordinance, Section 73.03, is modeled after Ohio Revised Code, Section 4511.194; and WHEREAS, Ohio Revised Code, Sections 4511.19 and 4511.194, were recently amended by the passage of 2006 Senate Bill 8, which took effect on August 17, 2006, and prohibits the operation of a vehicle and being in physical control of a vehicle if a statutorily specified concentration of amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6- monoacetyl morphine), L.S.D., marihuana, marihuana metabolite, methamphetamine, or phencyclidine is present in the operator's blood or urine; WHEREAS, the Council hereby finds and declares it desires for Dublin Code sections pertaining to driving under the influence of alcohol or drugs and physical control to be consistent with the recently enacted state laws pertaining to the same. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1 . Dublin Codified Ordinances Section 73.01 is hereby amended to read as follows: § 73.01 DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. (A) (1) No person shall operate any vehicle within this municipality, if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them. (b) The person has a concentration of 0.08% or more but less than 0.17% by weight per unit volume of alcohol in the person's whole blood. (c) The person has a concentration of 0.096% or more but less than 0.204% by weight per unit volume of alcohol in the person's blood serum or plasma. (d) The person has a concentration of 0.08 grams or more but less than 0.17 grams by weight of alcohol per 210 liters of the person's breath. (e) The person has a concentration of 0.11 grams or more but less than 0.238 grams by weight of alcohol per 100 milliliters of the person's urine. (f) The person has a concentration of 0.17% or more by weight per unit volume of alcohol in the person's whole blood. RECORD OF ORDINANCES Ordinance No. Inc. 02 -07 Passed Page 2 . 20 (g) The person has a concentration of 0.204% or more by weight per unit volume of alcohol in the person's blood serum or plasma. (h) The person has a concentration of 0.17 grams or more by weight of alcohol per 210 liters of the person's breath. (i) The person has a concentration of 0.238 grams or more by weight of alcohol per 100 milliliters of the person's urine. (j) Except as provided for in Division (K) of this section the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person's whole blood blood serum or plasma or urine that equals or exceeds any of the following: (i) The person has a concentration of amphetamine in the person's urine of at least 500 nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in the person's whole blood or blood serum or plasma of at least 100 nanograms of amphetamine per milliliter of the person's whole blood or blood serum or plasma. (ii) The person has a concentration of amphetamine in the person's urine of at least 150 nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's whole blood or blood serum or plasma of at least 50 nanograms of cocaine per milliliter of the person's whole blood or blood serum or plasma. (iii) The person has a concentration of cocaine metabolite in the person's urine of at least 150 nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine metabolite in the person's whole blood or blood serum or plasma of at least 50 nanograms of cocaine metabolite per milliliter of the person's whole blood or blood serum or plasma. (iv) The person has a concentration of heroin in the person's urine of at least 2000 nanograms of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or blood serum or plasma of at least 50 nanograms of heroin per milliliter of the person's whole blood or blood serum or plasma. (v ) The person has a concentration of heroine metabolite (6- monoacetyl morphine) in the person's urine of at least 10 nanograms of heroin metabolite (6- monoacetvl morphine) per milliliter of the person's urine or has a concentration of heroin metabolite (6- monoacetvl morphine) in the person's whole blood or blood serum or plasma of at least 10 nanograms of heroin metabolite (6- monoacetylorphine) per milliliter of the person's whole blood or blood serum or plasma. (vi) The person has a concentration of L.S.D. in the person's urine of at least 25 nanograms of L.S.D. per milliliter of the person's urine or a concentration of L.S.D. in the person's whole blood or blood serum or plasma of at least 10 nanograms of L.S.D. per milliliter of the person's whole blood or blood serum or plasma. (vii) The person has a concentration of marihuana in the person's urine of at least 10 nanograms of marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole blood or blood serum or plasma of at least 2 nanograms of marihuana per milliliter of the person's whole blood or blood serum or plasma. (viii) Either of the following applies: O The person is under the influence of alcohol, a drug of abuse or combination of them and as measured by gas chromatography ass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least 15 nanogams of marihuana metabolite per milliliter of the person's urine RECORD OF ORDINANCES Ordinance No Inc. 1 i _� 02 -07 Passed Page 3 . 20 or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least 5 nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma. (II) As measured by chromatographymass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least 35 nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma. (ix) person has a concentration of methamphetamine in the person's urine of at least 500 nanograms of methamphetamine per milliliter of the person's urine of has a concentration of methamphetamine in the person's whole blood or blood serum or plasma of at least 100 nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma. (x) The person has a concentration of phencyclidine in the person's urine of at least 25 nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in the person's whole blood or blood serum or plasma of at least 10 nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma. (2) No person who, within 20 years of the conduct described in division (A)(2)(a) of this section, previously has been convicted of or pleaded guilty to a violation of this division, division (A)(1) or (B) of this section, or a State of Ohio or municipal OVI offense shall do both of the following: (a) Operate any vehicle within this municipality while under the influence of alcohol, a drug of abuse, or a combination of them; (b) Subsequent to being arrested for operating the vehicle, as described in division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or tests under R.C. § 4511.191, and being advised by the officer in accordance with R.C. § 4511.192 of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests. (B) No person under 21 years of age shall operate any vehicle within this municipality, if, at the time of the operation, any of the following apply: (1) The person has a concentration of at least 0.02% but less than 0.08% by weight per unit volume of alcohol in the person's whole blood. (2) The person has a concentration of at least 0.03% but less than 0.096% by weight per unit volume of alcohol in the person's blood serum or plasma. (3) The person has a concentration of at least 0.02 grams but less than 0.08 grams by weight of alcohol per 210 liters of the person's breath. (4) The person has a concentration of at least 0.028 grams but less than 0.11 grams by weight of alcohol per 100 milliliters of the person's urine. (C) In any proceeding arising out of one incident, a person may be charged with a violation of division (A)(1)(a) or (A)(2) and a violation of division (B)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions. (D) (1) In any criminal prosecution for a violation of division (A) or (B) of this section or for an equivalent offense, the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances metabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within twe three hours of the time of the alleged RECORD OF ORDINANCES 1 1 Inc. 02 -07 Ordinance No. Passed Page 4 20 violation. The three hour time limit specified in this division regarding the admission of evidence does not extend or affect the two hour time limit specified in division (A) of section 4511.192 of the Revised Code or a substantially similar municipal ordinance as the maximum period of time during which a person may consent to a chemical test or tests as described in that section. When a person submits to a blood test at the request of a law enforcement officer under R.C. § 4511.191 or a substantially similar municipal ordinance, only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol, drug, controlled substance, metabolite or a controlled substance, or alcohol and drug content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood. The bodily substance withdrawn shall be analyzed in accordance with methods approved by the Director of Health by an individual possessing a valid permit issued by the Director pursuant to R.C. § 3701.143. (2) In a criminal prosecution for a violation of division (A) of this section or for an equivalent offense, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (A)(1)(b), (c), (d), and (e) of this section or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of division (A) 1)(i) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution for a violation of division (B) of this section. (3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, immediately upon the completion of the chemical test analysis. The person tested may have a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. The form to be read to the person to be tested, as required under § 73.011, shall state that the person may have an independent test performed at the person's expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer. (4) (a) As used in division (D)(4)(b) and (c) of this section, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION means the National Highway Traffic Safety Administration established as an administration of the United States Department of Transportation under 96 Stat. 2415 (1983), 49 U.S.C. § 105. 1 (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the blood, breath, or urine, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the National Highway Traffic Safety Administration, all of the following apply: 1. The officer may testify concerning the results of the field sobriety test so administered. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Fonn No. 30043 Ordinance No. 11YOM Passed Page 5 . 20 1 2. The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding. 3. If testimony is presented or evidence is introduced under division (D)(4)(b)1. or 2. of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate. (c) Division (D)(4)(b) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (D)(4)(b) of this section. (E) (1) Subject to division (E)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), aor (B)(1), (2), (3), or (4) of this section or for an equivalent offense that is substantially equivalent to any of those divisions, a laboratory report from any for-ensie labor-ate e et4ified by the Depa #men4 of Healy laboratory, personnel issued a permit by the Department of Health authorizing an analysis described in this section that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this division shall be admitted as prima facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following: (a) The signature, under oath, of any person who performed the analysis; (b) Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled substance, or a combination of them that was found; (c) A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties; (d) An outline of the analyst's or test performer's education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the Department of Health. (2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in division (E)(1) of this section is not admissible against the defendant to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant. (3) A report of the type described in division (E)(1) of this section shall not be prima facie evidence of the contents, identity, or amount of any substance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven -day time limit in the interest of justice. (F) Except as otherwise provided in this division, any physician, registered nurse, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section, and any hospital, first -aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 1 ��I 1 02 -07 Ordinance No. Passed Page 6 20 claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provided in this division is not available to a person who withdraws blood if the person engages in willful or wanton misconduct. (G) (1) Whoever violates any provisions of divisions (A)(1)(a) to (i) or (A)(2) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates division (A)(1)(i) of this section is guilty of operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance. The court shall sentence the offender under Chapter 130, except as otherwise authorized or required by (G)(1)(a) to (e) of this section: (a) Except as otherwise provided in division (G)(1)(b), (c), (d), or (e) of this section, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the penalties and sanctions provided in R.C. § 4511.19(G)(1)(a)(i) to (iv). (b) Except as otherwise provided in division (G)(1)(e) of this section, an offender who, within six years of the offense, previously has been convicted of or pleaded guilty to one violation of division (A) or (B) of this section or one other equivalent offense is guilty of a misdemeanor of the first degree. The court shall sentence the offender to all of the penalties and sanctions provided in R.C. § 4511.19(G)(1)(b)(i) to (v). (c) Except as otherwise provided in division (G)(1)(e) of this section, an offender who, within six years of the offense, previously has been convicted of or pleaded guilty to two violations of division (A) or (B) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the penalties and sanctions provided in R.C. § 4511.19(G)(1)(c)(i) to (vi). (d) Except as otherwise provided in division (G)(1)(e) of this section, an offender who, within six years of the offense, previously has been convicted of or pleaded guilty to three or four violations of division (A) or (B) of this section or other equivalent offenses or an offender who, within 20 years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature is guilty of a felony to be prosecuted under appropriate state law. (e) An offender who previously has been convicted of or pleaded guilty to a violation of R.C. § 4511.19(A) that was a felony, regardless of when the violation and the conviction or guilty plea occurred, is guilty of a felony to be prosecuted under appropriate state law. (2) An offender who is convicted of or pleads guilty to a violation of division (A) of this section and who subsequently seeks reinstatement of the driver's or occupational driver's license or permit or nonresident operating privilege suspended under this section or R.C. § 4511.19 as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in R.C. § 4511.191(F)(2). (3) If an offender is sentenced to a jail term under R.C. § 4511.19(G)(1)(b)(i)-er (4) or (G)(1)(c) ) and if, within 60 days of sentencing of the offender, the court issues a written finding on the record that, due to the unavailability of space at the jail where the offender is required to serve the term, the offender will not be able to begin serving that term within the 60 -day period following the date of sentencing, the court may impose an alternative sentence as specified in R.C. § 4511.19(G)(3) that includes a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. (4) If an offender's driver's or occupational driver's license or permit or nonresident operating privilege is suspended under division (G) of this section or R.C. § 4511.19(G) and if R.C. § 4510.13 permits the court to grant limited driving privileges, the court may grant the limited driving privileges in accordance with that section. If divisions (A)(7) of that section requires that the court impose as a condition of the privileges that RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 1 �I 1 02 -07 Ordinance No. Passed Page 7 20 the offender must display on the vehicle that is driven subject to the privileges restricted license plates that are issued under R.C. § 4503.231, except as provided in division (B) of that section, the court shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of R.C. § 4503.231. (5) Fines imposed under this section for a violation of division (A) of this section shall be distributed as provided in R.C. § 4511.19(G)(5). (6) If the title to a motor vehicle that is subject to an order of criminal forfeiture under division (G)(1)(c), (d), or (e) of this section is assigned or transferred and R.C. § 4503.234(B)(2) or (3) applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the National Auto Dealers Association. The proceeds of any fine so imposed shall be distributed in accordance with division (C)(2) of that section. (H) Whoever violates division (B) of this section is guilty of operating a motor vehicle after underage alcohol consumption and shall be punished as follows: (1) Except as otherwise provided in division (H)(2) of this section, the offender is guilty of a misdemeanor of the fourth degree. In addition to any other sanction imposed for the offense, the court shall impose a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege form the range specified in R.C. 4510.02(A)(6). from the range specified in R.C. 4510.02(A)(4). (2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one or more violations of division (A) or (B) of this section or other equivalent offense or offenses, the offender is guilty of a misdemeanor of the third degree. In addition to any other sanction imposed for the offense, the court shall impose a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege (3) If the offender also is convicted of or also pleads guilty to a specification of the type described in R.C. § 2941.1414 and if the court imposes a jail term for the violation of division (B) of this section, the court shall impose upon the offender an additional definite jail term pursuant to R.C. § 2929.24(E). (I) (1) No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under R.C. Chapter 3793 by the Director of Alcohol and Drug Addiction Services. (2) An offender who stays in a drivers' intervention program or in an alcohol treatment program under an order issued under this section shall pay the cost of the stay in the program. However, if the court determines that an offender who stays in an alcohol treatment program under an order issued under this section is unable to pay the cost of the stay in the program, the court may order that the cost be paid from the court's indigent drivers' alcohol treatment fund. (J) If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section or R.C. § 4511.19 files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension. (K) Division (A)(1)(i) of this section does not apply to a person who operates a vehicle while the person has a concentration of a listed controlled substances or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that division, if both of the following g_pply: RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 02 -07 Passed Page 8 . 20, LJ 1 J (1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs. (2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions. (L) The prohibited concentrations of a controlled substance or a metabolite of a controlled substance listed in division (A)(1)(i) of this section also apply in a prosecution of a violation of division (D) of R.C. § 2923.16 in the same manner as if the offender is being prosecuted for a prohibited concentration of alcohol. K) (M) All terms defined in R.C. § 4510.01 apply to this section. If the meaning of a term defined in R.C. § 4510.01 conflicts with the meaning of the same term as defined in R.C. § 4501.01 or 4511.0 1, the term as defined in R.C. § 4510.01 applies to this section. (L) (N) Upon a finding that such person operated a motor vehicle in a construction zone where a sign was then posted in accordance with R.C. § 4511.98, in addition to all other penalties provided by law, there shall be imposed a fine of two times and usual amount imposed for the violation. There shall not be imposed a fine of two times the usual amount imposed for the violation upon an offender who alleges, in an affidavit filed with the court prior to a sentencing, that he is indigent and is unable to pay the fine imposed pursuant to this section, provided the court determines the offender is an indigent person and is unable to pay the fine. Section 2 . Dublin Codified Ordinances Section 73.03 is hereby amended to read as follows: § 73.03 PHYSICAL CONTROL OF VEHICLE WHILE UNDER THE INFLUENCE. (A) As used in this section: (1) "National highway traffic safety administration" has the same meaning as in section 4511.19 of the Revised Code. (2) "Physical control" means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's, or trackless trolley's ignition key or other ignition device. (B) No person shall be in physical control of a vehicle, streetcar, or trackless trolley ale if, at the time of the physical control, any of the following apply: (1) The person is under the influence of alcohol, a drug of abuse, or a combination of them o r- while the 2 The person's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in division (A)(1)(b), (c), (d), (e), (fl, (g), (h) or i of section 73.01. (3) Except as provided in division (E) of this section, the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the concentration specified in division (A)(1)(j) of Section 73.01 (C) (1) In any criminal prosecution or juvenile court proceeding for a violation of this section or a substantially equivalent municipal ordinance, if a law enforcement officer has administered a field sobriety test to the person in physical control of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply: RECORD OF ORDINANCES Ordinance No. inc. Passed Page 9 . 20 02-07 (a) The officer may testify concerning the results of the field sobriety test so administered. (b) The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding. (c) If testimony is presented or evidence is introduced under division (C)(1)(a) or (b) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence, and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate. (2) Division (C)(1) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (C)(1) of this section. (D) Whoever violates this section is guilty of having physical control of a vehicle while under the influence, a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code. (E) Division (B)(3) of this section does not apply to aperson who is in physical control of a_vehicle, streetcar, or trackless trolley while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma or urine that equals or exceeds the amount specified in division (A)(1)(j) of Section 73.01 if both of the following N121y: (1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs. (2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions. Section 3. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the state laws pertaining to driving under the influence of alcohol or drugs and physical control of vehicle while under the influence have recently been amended, and the City of Dublin needs to come into compliance with requirements in state law. Therefore, this ordinance shall go into immediate effect. Passed this 9 -/A day of 2007. Mayor — Presiding Officer Attest: Clerk of Council I hereby certify that copies of this Ordinance /Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. De y Clerk of Council, Dublin, Ohio MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager FROM: Stephen J. Smith, Law Director Stephen J. Smith Jr., Assistant Prosecutor Tricia Clarke Bell DATE: December 28, 2006 RE: Ordinance 02 -07 Driving Under the Influence of Alcohol or Drugs and Physical Control of Vehicle While Under the Influence Dublin Codified Ordinances Section 73.01 provides that no person shall operate any vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Dublin Codified Ordinances Section 73.03 provides that no person shall be in physical control of a vehicle while under the influence. Both of these sections are modeled after the Ohio Revised Code, Sections 4511.19 and 4511.194 respectively. R.C. §4511.19 and R.C. §4511.194 were recently amended by the passage of 2006 Senate Bill 8, which took effect on August 17, 2006. The new state law prohibits the operation of a vehicle and being in physical control of a vehicle if a statutorily specified concentration of amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6- monoacetyl morphine), L.S.D., marihuana, marihuana metabolite, methamphetamine, or phencyclidine is present in the operator's blood or urine. This office recommends Council amend the Codified Ordinances sections regarding driving under the influence of alcohol or drugs and physical control of vehicle while under the influence in order to be consistent with the recently enacted state law regarding the same. As always, please contact this office if you have any questions or wish to further discuss this matter.