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Ordinance 2115ORDINANCE NO. 2115 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 8.02.010 OF THE EDMONDS CITY CODE TO ADOPT BY REFERENCE RCW 46.61.502 AND 46.61.504 TO PROHIBIT DRIVING OR BEING IN ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR ANY DRUG; AMENDING SECTION 8.02.030 OF THE EDMONDS CITY CODE TO DELETE AND REPEAL SECTION 46.61.515(1) AND 46.61.515(2) WHICH HAVE BEEN ADOPTED BY REFERENCE IN THE MTO TO ELIMINATE MANDATORY JAIL SENTENCES; AMENDING SECTION 5.45.020(b)(4) TO REQUIRE EXTRAORDINARY CIRCUMSTANCES BEFORE A JAIL SENTENCE IS SUSPENDED, DEFERRED OR NOT IMPOSED AND TO REQUIRE A WRITTEN STATEMENT OF REASONS THEREFORE; AND IMPOSING PENALTIES. WHEREAS, the following amendments are in the best interest of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8.02.010 of the Edmonds City Code is hereby amended to adopt by reference RCW 46.61.502 and 46.61.504 and to read as follows: "8.02.010 ADOPTION BY REFERENCE. The Washington Model Traffic Ordinance, RCW Chapter 46.90 herein- after referred to as the MTO and RCW 46.61.202, RCW 46.61.215, RCW 46.61.261, RCW 46.61.264, RCW 46.61.266, RCW 46.61.269, RCW 46.61.502, RCW 46.61.504, RCW 46.61.540, RCW 46.61.606, RCW 46.61.608 and RCW 46.61.614 are hereby adopted by this reference as and for the traffic ordinance of the City of Edmonds as if set forth in full herein with the exception of the penalty provisions thereof which are superseded by the penalty provisions of the ordinance codified in this Title as set forth in Section 8.60.010, and the general penalty provisions set forth in Section 5.45.020 of the Edmonds City Code and except as provided in Sections 8.02.020 and 8.02.030." -1- Section 2. Section 8.02.030 of the Edmonds City Code is hereby amended to delete and repeal from the MTO RCW 46.61.515(1) and (2) and to read as follows: "8.020.030 STATUTES NOT ADOPTED. The following sections in the RCW which were adopted by reference in the MTO are not adopted by this reference and are expressly deleted: RCW 46.04.431 RCW 46.80.130 RCW 46.48.170 RCW 46.98.020 RCW 46.52.145 RCW 46.98.030 RCW 46.61.515(1) RCW 46.98.040 RCW 46.61.515(2) RCW 60.04.010 through .220" RCW 46.80.010 Section 3. Section 5.45.020(b)(4) of the Edmonds City Code is hereby amended to require extraordinary circumstances before jail time is suspended or deferred and to read as follows: "4. RCW 46.61.502 and RCW 46.61.504, Driving or bein in actual physical control of a motor vehicle while under the influence of or affected by intoxicating liquor and/or drugs. (Adopted by reference as a part of the MTO) (i) Every person convicted of a violation of the offenses set forth in this subsection shall be punished by imprisonment for not less than one (1) day in jail. The one (1) day in jail shall not be suspended or de- ferred unless the Judge finds that there are extraordinary circumstances and that the jail sentence should be suspended or deferred. Whenever the mandatory jail sentence is suspended or deferred, the Judge must state in writing the reason for granting the sus- pension or deferral and the facts upon which the suspension or deferral is based. (ii) On a second or subsequent conviction of the offenses set forth in this subsection within a five (5) year period, a person shall be punished by imprisonment for not less than seven (7) days in jail. The seven (7) day mandatory jail sentence shall not be sus- -2- pended or deferred unless the Judge finds that there are extraordinary circumstances and that the seven (7) day jail sentence should be suspended or deferred. Whenever the mandatory seven (7) day jail sentence is suspended or deferred, the Judge must state in writing the reasons for granting the suspension or deferral and the facts upon which the suspension or deferral is based." Section 4. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon con- viction thereof punished as set forth in Section 5.45.020 of the Edmonds City Code. Section 5. Severability. If any section, subsection, phrase or word of this Ordinance is held invalid or unconstitu- tional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the remaining provisions of this Ordinance. Section 6. This Ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, -. H: HARRISON ATTEST/AUTHENTICATED: J ?�" Am�) CITY CLERK, IRENE YARNEY MORAN APPROVED AS TO FORM: OFFICE_9V THE CITY ATTORNEY: BY FILE WITH THE CITY CLERK: January 24, 1980 PASSED BY THE CITY COUNCIL: January 29, 1980 POSTED: January 30, 1980 EFFECTIVE DATE: February 4, 1980 —3— AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that S he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 30 th day of January , 198 0, affiant posted true and correct copies of the attached Ordinance No. 2115, passed by the City Council on the 29th day of January , 1980 , at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 30th day of January , 1980_. SUBSCRIBED AND SWORN to before me th s '() day of C L , 19 8 U. N ar Public in and for the State of Washington, residing at�C'���Z�L �/ Rules of The Road 46.61.504 Im greater than thirty-five miles per hour unless such mo- tor -driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead. [1965 ex.s. c 155 § 57.] 46.61.465 Exceeding speed limit evidence of reckless driving. The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances de- scribed shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof. [1961 c 12 § 46.48.026. Prior: 1951 c 28 § 12; 1949 c 196 § 6, part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. § 2531, part. Formerly RCW 46.48.026.] 46,61.470 Speed traps outlawed Measured courses. No evidence as to the speed of any vehicle op- erated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap: Provided, That evidence shall be admissible against any person arrested for violation of any of the laws of this state or of any orders, rules or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise desig- nated or determined and the limits of which are con- trolled by a mechanical, electrical or other device capable of measuring or recording the speed of a vehicle passing within such limits within an error of not to ex- ceed five percent using the lapsed time during which such vehicle travels between such limits: Provided fur- ther, That such limits shall not be closer than one-fourth mile. [1961 c 12 § 46.48.120. Prior: 1937 c 189 § 74; RRS § 6360-74; 1927 c 309 § 7; RRS § 6362-7. Form- erly RCW 46.48.120.1 46.61.475 Charging violations of speed regulations. (1) In every charge of violation of any speed regulation in this chapter the complaint, also the summons or no- tice to appear, shall specify the approximate speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location. [1965 ex.s. c 155 § 58.) RECKLESS DRIVING, DRIVING WHILE INTOXICATED, AND NEGLIGENT HOMICIDE BY VEHICLE 46.61.500 Reckless driving Penalty. (Effective until July 1, 1980.) (1) Any person who drives any vehi- cle in wilful or wanton disregard for the safety of per- sons or property is guilty of reckless driving. (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days. [1967 c 32 § 67; 1965 ex.s. c 155 § 59.1 46.61.500 Reckless driving Penalty. (Effective July 1, 1980.) (1) Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a misdemeanor. (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days. [1979 1st ex.s. c 136 § 85; 1967 c 32 § 67; 1965 ex.s. c 155 § 59.1 Effective date—Severability-1979 let ex.s. c 136: See notes following RCW 46.63.010. Arrest of person involved in reckless driving: RCW 10.31.100. Embracing another while driving as reckless driving: RCW 46.61.665. Excess speed as prima facie evidence of reckless driving: RCW 46.61.465. Racing of vehicles on public highways, reckless driving: RCW 46.61.530. Revocation of license, reckless driving: RCW 46.20.285. 46.61.502 Driving while under influence of intoxicat- ing liquor or drug What constitutes. A person is guilty of driving while under the influence of intoxicat- ing liquor or any drug if he drives a vehicle within this state while: (1) He has 0.10 percent or more by weight of alcohol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46- .61.506 as now or hereafter amended; or (2) He is under the influence of or affected by intoxi- cating liquor or any drug; or (3) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or has been entitled to use such drug un- der the laws of this state shall not constitute a defense against any charge of violating this section. [1979 1st ex.s. c 176 § 1.1 Severability-1979 1st ex.s. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the re- mainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 1st ex.s. c 176 § 8.] 46.61.504 Actual physical control of motor vehicle while under influence of intoxicating liquor or drug What constitutes —Defenses. A person is guilty of be- ing in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a vehicle within this state while: [Title 46 RCW (1979 Ed." 1671 46.61.504 Title 46 RCW: Motor Vehicles (1) He has a 0.10 percent or more by weight of alco- hol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506, as now or hereafter amended; or (2) He is under the influence of or affected by intoxi- cating liquor or any drug; or (3) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or, has been entitled to use such drug un- der the laws of this state shall not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, he has moved the vehicle safely off the roadway. [1979 1st ex.s. c 176 § 2.] Severability-1979 1st ex.s. c 176: See note following RCW 46.61.502. 46.61.506 Persons under influence of intoxicating li- quor or drug —Evidence --Chemical tests —Infor- mation concerning tests. (1) Upon the trial of any civil or criminal action or proceeding arising out of acts al- leged to have been committed by any person while driv- ing or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the amount of alcohol in the person's blood at the time al- leged as shown by chemical analysis of his blood, breath, or other bodily substance is less than 0.10 percent by weight of alcohol in the person's blood, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug. (2) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood. The foregoing provisions of this section shall not be construed as limiting the introduc- tion of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug. (3) Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been per- formed according to methods approved by the state tox- icologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and compe- tence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist. (4) When a blood test is administered under the pro- visions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chem- ical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or in- ability to obtain an additional test 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. (6) Upon the request of the person who shall submit to a chemical test or tests at the request of a law en- forcement officer, full information concerning the test or tests shall be made available to him or his attorney. (1979 1st ex.s. c 176 § 5; 1975 1st ex.s. c 287 § 1; 1969 c 1 § 3 (Initiative Measure No. 242 § 3).) Severabllity-1979 1st ex.s. c 176: See note following RCW 46.61,502. Severability-1969 c 1: See RCW 46.20.911. Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100. 46.61.508 Liability of medical personnel withdrawing blood. No physician, registered nurse, qualified techni- cian, or hospital, or duly licensed clinical laboratory em- ploying or utilizing services of such physician, registered nurse, or qualified technician, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforce- ment officer to do so for the purpose of a blood test un- der the provisions of RCW 46.20.308, as now or hereafter amended: Provided, That nothing in this sec- tion shall relieve any physician, registered nurse, quali- fied technician, or hospital or duly licensed clinical laboratory from civil liability arising from the use of improper procedures or failing to exercise the required standard of care. [1977 ex.s. c 143 § 1.] 46.61.515 Driving or being in physical control of motor vehicle while under the influence of intoxicating li- quor or drugs —Penalties —Penalty assessments in addition to fines, etc. —suspension or revocation of li- cense —Appeal. (1) Every person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be pun- ished by imprisonment for not less than one day nor more than one year, and by a fine of not more than five hundred dollars. The person shall, in addition, be re- quired to complete a course at an alcohol information school approved by the department of social and health services. One day of the jail sentence shall not be sus- pended or deferred unless the judge finds that the impo- sition of the jail sentence will pose a risk to the defendant's physical or mental well—being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the sus- pension or deferral is based. (2) On a second or subsequent conviction under RCW 46.61.502 or 46.61.504 within a five year period a per- son shall be punished by imprisonment for not less than seven days nor more than one year and by a fine not more than one thousand dollars. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well—being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the [Title 46 RCW (1979 Ed.�—p 1681 O�Q Lu cc <:=!0 Lu LL U -D2!� C` O J QqU i, Lu m 0 LL O 002Q Y ir v) Lu t- V -L = LL. O O :"4j } F- >- �- Q .J it U !� U. aa0 CC LL1 O U) } Lu U U U no :L uw u- w LL �ucOH s LL O _ a Rules of The Road 46.61.504 Im greater than thirty-five miles per hour unless such mo- tor -driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead. [1965 ex.s. c 155 § 57.] 46.61.465 Exceeding speed limit evidence of reckless driving. The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances de- scribed shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof. [1961 c 12 § 46.48.026. Prior: 1951 c 28 § 12; 1949 c 196 § 6, part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. § 2531, part. Formerly RCW 46.48.026.] 46,61.470 Speed traps outlawed Measured courses. No evidence as to the speed of any vehicle op- erated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap: Provided, That evidence shall be admissible against any person arrested for violation of any of the laws of this state or of any orders, rules or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise desig- nated or determined and the limits of which are con- trolled by a mechanical, electrical or other device capable of measuring or recording the speed of a vehicle passing within such limits within an error of not to ex- ceed five percent using the lapsed time during which such vehicle travels between such limits: Provided fur- ther, That such limits shall not be closer than one-fourth mile. [1961 c 12 § 46.48.120. Prior: 1937 c 189 § 74; RRS § 6360-74; 1927 c 309 § 7; RRS § 6362-7. Form- erly RCW 46.48.120.1 46.61.475 Charging violations of speed regulations. (1) In every charge of violation of any speed regulation in this chapter the complaint, also the summons or no- tice to appear, shall specify the approximate speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location. [1965 ex.s. c 155 § 58.) RECKLESS DRIVING, DRIVING WHILE INTOXICATED, AND NEGLIGENT HOMICIDE BY VEHICLE 46.61.500 Reckless driving Penalty. (Effective until July 1, 1980.) (1) Any person who drives any vehi- cle in wilful or wanton disregard for the safety of per- sons or property is guilty of reckless driving. (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days. [1967 c 32 § 67; 1965 ex.s. c 155 § 59.1 46.61.500 Reckless driving Penalty. (Effective July 1, 1980.) (1) Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a misdemeanor. (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days. [1979 1st ex.s. c 136 § 85; 1967 c 32 § 67; 1965 ex.s. c 155 § 59.1 Effective date—Severability-1979 let ex.s. c 136: See notes following RCW 46.63.010. Arrest of person involved in reckless driving: RCW 10.31.100. Embracing another while driving as reckless driving: RCW 46.61.665. Excess speed as prima facie evidence of reckless driving: RCW 46.61.465. Racing of vehicles on public highways, reckless driving: RCW 46.61.530. Revocation of license, reckless driving: RCW 46.20.285. 46.61.502 Driving while under influence of intoxicat- ing liquor or drug What constitutes. A person is guilty of driving while under the influence of intoxicat- ing liquor or any drug if he drives a vehicle within this state while: (1) He has 0.10 percent or more by weight of alcohol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46- .61.506 as now or hereafter amended; or (2) He is under the influence of or affected by intoxi- cating liquor or any drug; or (3) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or has been entitled to use such drug un- der the laws of this state shall not constitute a defense against any charge of violating this section. [1979 1st ex.s. c 176 § 1.1 Severability-1979 1st ex.s. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the re- mainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 1st ex.s. c 176 § 8.] 46.61.504 Actual physical control of motor vehicle while under influence of intoxicating liquor or drug What constitutes —Defenses. A person is guilty of be- ing in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a vehicle within this state while: [Title 46 RCW (1979 Ed." 1671 46.61.504 Title 46 RCW: Motor Vehicles (1) He has a 0.10 percent or more by weight of alco- hol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506, as now or hereafter amended; or (2) He is under the influence of or affected by intoxi- cating liquor or any drug; or (3) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or, has been entitled to use such drug un- der the laws of this state shall not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, he has moved the vehicle safely off the roadway. [1979 1st ex.s. c 176 § 2.] Severability-1979 1st ex.s. c 176: See note following RCW 46.61.502. 46.61.506 Persons under influence of intoxicating li- quor or drug —Evidence --Chemical tests —Infor- mation concerning tests. (1) Upon the trial of any civil or criminal action or proceeding arising out of acts al- leged to have been committed by any person while driv- ing or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the amount of alcohol in the person's blood at the time al- leged as shown by chemical analysis of his blood, breath, or other bodily substance is less than 0.10 percent by weight of alcohol in the person's blood, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug. (2) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood. The foregoing provisions of this section shall not be construed as limiting the introduc- tion of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug. (3) Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been per- formed according to methods approved by the state tox- icologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and compe- tence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist. (4) When a blood test is administered under the pro- visions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chem- ical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or in- ability to obtain an additional test 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. (6) Upon the request of the person who shall submit to a chemical test or tests at the request of a law en- forcement officer, full information concerning the test or tests shall be made available to him or his attorney. (1979 1st ex.s. c 176 § 5; 1975 1st ex.s. c 287 § 1; 1969 c 1 § 3 (Initiative Measure No. 242 § 3).) Severabllity-1979 1st ex.s. c 176: See note following RCW 46.61,502. Severability-1969 c 1: See RCW 46.20.911. Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100. 46.61.508 Liability of medical personnel withdrawing blood. No physician, registered nurse, qualified techni- cian, or hospital, or duly licensed clinical laboratory em- ploying or utilizing services of such physician, registered nurse, or qualified technician, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforce- ment officer to do so for the purpose of a blood test un- der the provisions of RCW 46.20.308, as now or hereafter amended: Provided, That nothing in this sec- tion shall relieve any physician, registered nurse, quali- fied technician, or hospital or duly licensed clinical laboratory from civil liability arising from the use of improper procedures or failing to exercise the required standard of care. [1977 ex.s. c 143 § 1.] 46.61.515 Driving or being in physical control of motor vehicle while under the influence of intoxicating li- quor or drugs —Penalties —Penalty assessments in addition to fines, etc. —suspension or revocation of li- cense —Appeal. (1) Every person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be pun- ished by imprisonment for not less than one day nor more than one year, and by a fine of not more than five hundred dollars. The person shall, in addition, be re- quired to complete a course at an alcohol information school approved by the department of social and health services. One day of the jail sentence shall not be sus- pended or deferred unless the judge finds that the impo- sition of the jail sentence will pose a risk to the defendant's physical or mental well—being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the sus- pension or deferral is based. (2) On a second or subsequent conviction under RCW 46.61.502 or 46.61.504 within a five year period a per- son shall be punished by imprisonment for not less than seven days nor more than one year and by a fine not more than one thousand dollars. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well—being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the [Title 46 RCW (1979 Ed.�—p 1681 Uj Q .ZD JLU (f) ELI C, Uj CL [Ij 0 (JO C.- LL Rules of The Road 46.61.504 Im greater than thirty-five miles per hour unless such mo- tor -driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead. [1965 ex.s. c 155 § 57.] 46.61.465 Exceeding speed limit evidence of reckless driving. The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances de- scribed shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof. [1961 c 12 § 46.48.026. Prior: 1951 c 28 § 12; 1949 c 196 § 6, part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. § 2531, part. Formerly RCW 46.48.026.] 46,61.470 Speed traps outlawed Measured courses. No evidence as to the speed of any vehicle op- erated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap: Provided, That evidence shall be admissible against any person arrested for violation of any of the laws of this state or of any orders, rules or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise desig- nated or determined and the limits of which are con- trolled by a mechanical, electrical or other device capable of measuring or recording the speed of a vehicle passing within such limits within an error of not to ex- ceed five percent using the lapsed time during which such vehicle travels between such limits: Provided fur- ther, That such limits shall not be closer than one-fourth mile. [1961 c 12 § 46.48.120. Prior: 1937 c 189 § 74; RRS § 6360-74; 1927 c 309 § 7; RRS § 6362-7. Form- erly RCW 46.48.120.1 46.61.475 Charging violations of speed regulations. (1) In every charge of violation of any speed regulation in this chapter the complaint, also the summons or no- tice to appear, shall specify the approximate speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location. [1965 ex.s. c 155 § 58.) RECKLESS DRIVING, DRIVING WHILE INTOXICATED, AND NEGLIGENT HOMICIDE BY VEHICLE 46.61.500 Reckless driving Penalty. (Effective until July 1, 1980.) (1) Any person who drives any vehi- cle in wilful or wanton disregard for the safety of per- sons or property is guilty of reckless driving. (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days. [1967 c 32 § 67; 1965 ex.s. c 155 § 59.1 46.61.500 Reckless driving Penalty. (Effective July 1, 1980.) (1) Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a misdemeanor. (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days. [1979 1st ex.s. c 136 § 85; 1967 c 32 § 67; 1965 ex.s. c 155 § 59.1 Effective date—Severability-1979 let ex.s. c 136: See notes following RCW 46.63.010. Arrest of person involved in reckless driving: RCW 10.31.100. Embracing another while driving as reckless driving: RCW 46.61.665. Excess speed as prima facie evidence of reckless driving: RCW 46.61.465. Racing of vehicles on public highways, reckless driving: RCW 46.61.530. Revocation of license, reckless driving: RCW 46.20.285. 46.61.502 Driving while under influence of intoxicat- ing liquor or drug What constitutes. A person is guilty of driving while under the influence of intoxicat- ing liquor or any drug if he drives a vehicle within this state while: (1) He has 0.10 percent or more by weight of alcohol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46- .61.506 as now or hereafter amended; or (2) He is under the influence of or affected by intoxi- cating liquor or any drug; or (3) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or has been entitled to use such drug un- der the laws of this state shall not constitute a defense against any charge of violating this section. [1979 1st ex.s. c 176 § 1.1 Severability-1979 1st ex.s. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the re- mainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 1st ex.s. c 176 § 8.] 46.61.504 Actual physical control of motor vehicle while under influence of intoxicating liquor or drug What constitutes —Defenses. A person is guilty of be- ing in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a vehicle within this state while: [Title 46 RCW (1979 Ed." 1671 46.61.504 Title 46 RCW: Motor Vehicles (1) He has a 0.10 percent or more by weight of alco- hol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506, as now or hereafter amended; or (2) He is under the influence of or affected by intoxi- cating liquor or any drug; or (3) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or, has been entitled to use such drug un- der the laws of this state shall not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, he has moved the vehicle safely off the roadway. [1979 1st ex.s. c 176 § 2.] Severability-1979 1st ex.s. c 176: See note following RCW 46.61.502. 46.61.506 Persons under influence of intoxicating li- quor or drug —Evidence --Chemical tests —Infor- mation concerning tests. (1) Upon the trial of any civil or criminal action or proceeding arising out of acts al- leged to have been committed by any person while driv- ing or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the amount of alcohol in the person's blood at the time al- leged as shown by chemical analysis of his blood, breath, or other bodily substance is less than 0.10 percent by weight of alcohol in the person's blood, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug. (2) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood. The foregoing provisions of this section shall not be construed as limiting the introduc- tion of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug. (3) Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been per- formed according to methods approved by the state tox- icologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and compe- tence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist. (4) When a blood test is administered under the pro- visions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chem- ical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or in- ability to obtain an additional test 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. (6) Upon the request of the person who shall submit to a chemical test or tests at the request of a law en- forcement officer, full information concerning the test or tests shall be made available to him or his attorney. (1979 1st ex.s. c 176 § 5; 1975 1st ex.s. c 287 § 1; 1969 c 1 § 3 (Initiative Measure No. 242 § 3).) Severabllity-1979 1st ex.s. c 176: See note following RCW 46.61,502. Severability-1969 c 1: See RCW 46.20.911. Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100. 46.61.508 Liability of medical personnel withdrawing blood. No physician, registered nurse, qualified techni- cian, or hospital, or duly licensed clinical laboratory em- ploying or utilizing services of such physician, registered nurse, or qualified technician, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforce- ment officer to do so for the purpose of a blood test un- der the provisions of RCW 46.20.308, as now or hereafter amended: Provided, That nothing in this sec- tion shall relieve any physician, registered nurse, quali- fied technician, or hospital or duly licensed clinical laboratory from civil liability arising from the use of improper procedures or failing to exercise the required standard of care. [1977 ex.s. c 143 § 1.] 46.61.515 Driving or being in physical control of motor vehicle while under the influence of intoxicating li- quor or drugs —Penalties —Penalty assessments in addition to fines, etc. —suspension or revocation of li- cense —Appeal. (1) Every person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be pun- ished by imprisonment for not less than one day nor more than one year, and by a fine of not more than five hundred dollars. The person shall, in addition, be re- quired to complete a course at an alcohol information school approved by the department of social and health services. One day of the jail sentence shall not be sus- pended or deferred unless the judge finds that the impo- sition of the jail sentence will pose a risk to the defendant's physical or mental well—being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the sus- pension or deferral is based. (2) On a second or subsequent conviction under RCW 46.61.502 or 46.61.504 within a five year period a per- son shall be punished by imprisonment for not less than seven days nor more than one year and by a fine not more than one thousand dollars. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well—being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the [Title 46 RCW (1979 Ed.�—p 1681 LU 11 QJO wLL.LU V. n Z X LZ C -j �Q QRv uw u Co U tL O h 2 p cn Lu F- s T tL O O %~ tr UJ }au- w C) CQ LU (-- m U U U ww wIlz wcr0�-- =o}L. -.0p M' } U I