86 of 1980 - Amending section 106 permitting the admissibility of chemical tests within two hours of the time of AN ORDINANCE
AN ORDINANCE AMENDING Section 46-6-106 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to chemical
tests as evidence.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 46-6-106 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to chemical tests as
evidence be, and the same hereby is, amended as follows:
Sec. 106. Chemical tests as evidence. (1) In any action
or proceeding in which it is material to prove that a person
was driving or in actual physical control of a vehicle
while under the influence of alcohol, the results of a chemical
test or tests as authorized in section 105 shall be admissi-
ble as evidence.
(2) If the chemical test was taken within two hours of
the alleged driving or actual physical control, the blood
alcohol level of the person at the time of the alleged
driving or actual physical control shall be presumed to be
not less than the level of the alcohol determined to be in
the blood by the chemical test.
(3) If the chemical test was taken more than two hours
after the alleged driving or actual physical control, the
test result shall be admissible as evidence of the person's
blood alcohol level at the time of the alleged driving
or actual physical control, but the trier of fact shall
determine what weight shall be given to the result of the
test.
(4) The foregoing provisions of this section shall not
be construed as limiting the consideration or application
by the trier of fact of the presumptions set forth in
section 105, nor shall they prevent a court from receiving
otherwise admissible evidence as to a defendant's blood
alcohol level at the time of the alleged driving or actual
plysical control.
SECTION 2. In the opinion of the City Council of Salt Lake
City, it is necessary to the peace, health and welfare of the
inhabitants of Salt Lake City that this ordinance become effective
immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah, this
5th day of August , 1980.
CfiA < SArY
-2--
ATTEST:
CITY RECORDER
Transmitted to Mayor August 5, 1980
Mayor's Action
MAYOR
ATTEST:
CITY R O ER AA�>
(SEAL)
BILL NO. 86 of 1980
Published August 12, 1980
86
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
AN ORDINANCE AMENUDINANSCeEctlon dbd-106 of,he Re- Shana D. Conaty
viler Ordinencos or Sall Lek!Cit,Ureh,tY is rela+ino to
chemlctll rests aseviden
Relrbr alnedba M! I+v CounciIl of Splf Lake City,Ordina:
gEalt t.Thal Section thong t Revised chemical tests as
e:oe sae e,a um utan,,geS,Is,ame reasslorevs as Being first duly sworn,deposes and says that he is legal
evidence.1 and the same hereby Is,amended(as follows:
Sec.lob.Chem"ChemicalIn relic as evidence.lt)In any ac-
tion or aroceeeing In Which If it material to prove that advertising clerk of the DESERET NEWS, a daily
� rson war enlmng r in eciDel physical cddo-pl pf a (except Sunday) newspaper printed in the English
e�de woos rmer Mnuence of mohol,me
Its of a chg micpI tee r lostf r auhorl:ed in Sec-
IantosrnanOemicaltestwastaencl. language with general circulation in Utah, and
(ih If the chemical test was taken within two hours
a the uegel and of
actual onYeleal control.Me published in Salt Lake City, Lake County, in the
blood alcohol level of I p¢raal at the time of there': Y
leged driving or actor Me control shall be oe State of Utah.
bumetl t0 tro a I }Non the level Of ins alchohol
deterMinee M Dtl(n NM blood a the taken
or test.
(3)a er c MI felt wag taken more ica two
hours the
after me ellt Itl shall
obbbe�actuel ohy Ical con-
Vol
&ore ftheeperrsoonsabil salcohol,lovelL,lile as timale That the legal notice of which a copy is attached hereto
the ripager driving or actual ohvslcai control but the
trier ofrfact stroll determine what weigh shell ba 0lv-
egera NefMeregt.. Pub notice to amend an ordinance relatingto
o co 1ofMs limiting
i iing the
consideration
this section appli.6 t
ho cars a trier of tacit or the oreslpmotlons set terrh
}Ion by Me h 1
''ln,e iIh Osise aPiss'bll Yidevgro1nwr arch;n fd i lirleihrt chemical test as evidence
el p sig...?I level at o time of thealleged driving ar,
CI $i 118 asQ crn of o oMof eFi Mohr'ry Council
ofer91oe the
'nnabftenrs of Salt Laka City Ihar tills ord+nence become eltec-
i+ve lmmgdlaa a y..
SECcTION 3.This Ordinance Shell.take e11ec1 upon Its firs,
oubliceflon.
day of Auugust theCif Council of Salt Lake City Utah,iNt1�fl9ggb+npp
RONALD I.WCMAIRMAN
WILTED CITY
RPEgC V HIGGHAM
C'o SkECOkDMo
T� Ieetl 10 arar Auguar5,1980
Mavo�'s Acnan TED L.AI11s,8NN was published in said newspaper on...hug. 12, 1980
Ti MpVSR
MILDRED V.HIGNAM
CITYLRECORDER /' / I�
BILLNO.gb of t"6 __ U.b] \ r( 1 { V--:.__
u lls�otl August 12,17ao / f \ _
Legal Advertising Clrk
Subscribed and sworn to before me this 1.9th day of
Aug. A.D.19 80
Notary Public
My Commission Expires
Feb. 11, 1982