Title 10 VEHICLES AND TRAFFIC*
Chapter 10.04 UNIFORM TRAFFIC ORDINANCE
10.04.020 Section 12-6-12.2: Operating a Motor Vehicle Under the Influence of Intoxicating Liquor or Drugs; Penalties; Sentencing; Fees.
Section 12-6-12.2 of the Uniform Traffic Ordinance is amended as
follows:
A. Unchanged.
B. Unchanged.
C. Unchanged.
D. Unchanged.
E. Unchanged.
F. Unchanged.
G. Upon a second or third conviction pursuant to this section, an offender
shall be required to participate in and complete, within a time specified by the
court:
1) Not less than a twenty-eight (28) day inpatient, residential or
in-custody substance abuse program approved by the court;
2) Not less than a ninety (90) day outpatient treatment program approved
by the court;
3) A drug court program approved by the court; or,
4) Any other substance abuse treatment approved by the court. The
requirement imposed pursuant to this section shall not be suspended, deferred or
taken under advisement.
H. Unchanged.
I. Unchanged.
J. Except as otherwise prohibited in this section, a municipal judge may
suspend in whole or in part the execution of sentence or place the defendant on
probation for a period not exceeding one (1) year on terms and conditions that
municipal judge deems best, or both, or defer sentence. If the municipal judge
decides to defer the execution of a sentence, such deferral shall be granted
only as allowed in Subsection K of this section. A suspension of execution of
sentence or probation, or both, as allowed pursuant to this section, shall be
granted only when the municipal judge is satisfied it will serve the ends of
justice and of the public, and that the defendant’s liability for any fine
or other punishment imposed if fully discharged upon successful completion of
the terms and conditions of probation.
K. Unchanged.
L. Unchanged.
M. Unchanged.
N. Unchanged.
O. Unchanged.
P. Unchanged.
(Ord. 1847-2006 § 2, 2006).
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