Chapter 10.28
OPERATORS
Sections:
10.28.010 Liquor or drugs.
A. No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within the village.
B. No person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle may drive or be in actual physical control of any vehicle within the village. The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of the state does not constitute a defense against any charge of violation of this section.
C. Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, evidence of the amount of alcohol in the person’s blood at the time of the act alleged as shown by a chemical analysis of his breath, blood, urine, saliva or other bodily substance is admissible, as provided in this subsection, and the result of any such analysis shall give rise to the following presumptions:
1. If there was at the time of such analysis five-hundredths percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of intoxicating liquor;
2. If there was at the time of such analysis in excess of five-hundredths percent but less than one-tenth percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that such person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether such person was under the influence of intoxicating liquor;
3. If there was at the time of such analysis one-tenth percent or more by weight of alcohol in the person’s blood, it shall be presumed that the person was under the influence of intoxicating liquor. Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood.
10.28.020 Accidents.
The driver of a vehicle which has collided with or been in an accident with any vehicle, person or property in such a manner as to cause injury or damage shall stop immediately and render such assistance as may be possible, and give his true name and residence to the injured person or any other persons requesting the same on behalf of the injured person, or the owner of the property damaged, and to a policeman if one is present. The driver of each vehicle concerned in any such accident shall report to the nearest police authority promptly after such accident.