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Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

previous next Effective - 28 Aug 2005bottom

  302.510.  Arresting officer, duties — certain arrests not to be basis for administrative suspension or revocation. — 1.  Except as provided in subsection 3 of this section, a law enforcement officer who arrests any person for a violation of any state statute related to driving while intoxicated or for a violation of a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol-related traffic offense, and in which the alcohol concentration in the person's blood, breath, or urine was eight-hundredths of one percent or more by weight or two-hundredths of one percent or more by weight for anyone less than twenty-one years of age, shall forward to the department a certified report of all information relevant to the enforcement action, including information which adequately identifies the arrested person, a statement of the officer's grounds for belief that the person violated any state statute related to driving while intoxicated or was less than twenty-one years of age and was driving with two-hundredths of one percent or more by weight of alcohol in the person's blood, or a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol-related traffic offense, a report of the results of any chemical tests which were conducted, and a copy of the citation and complaint filed with the court.

  2.  The report required by this section shall be certified under penalties of perjury for making a false statement to a public official and made on forms supplied by the department or in a manner specified by regulations of the department.

  3.  A county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol-related traffic offense may not be the basis for suspension or revocation of a driver's license pursuant to sections 302.500 to 302.540, unless the arresting law enforcement officer, other than an elected peace officer or official, has been licensed by the director of the department of public safety pursuant to the provisions of chapter 590.

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(L. 1983 S.B. 318 & 135 § 4, A.L. 1984 S.B. 608 & 681, A.L. 1991 S.B. 125 & 341, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2005 H.B. 487)


---- end of effective   28 Aug 2005 ----

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