§ 28-116. Procedure on arrest.

Any arrest for driving while intoxicated shall be handled as any other arrest for an offense of the same severity, except as follows:

(1)

As soon as practicable following the arrest, the police department shall obtain the driving record of the person arrested.

(2)

No person who has a prior conviction for driving while intoxicated or driving with excessive blood alcohol content within ten (10) years of the date of the present alleged offense shall be prosecuted through the municipal court until after the state prosecuting attorney shall have had the opportunity to review the case and to consider filing appropriate state charges.

(3)

No person, regardless of his prior conviction record, shall be prosecuted through the municipal court where it appears possible that a charge of vehicular manslaughter (RSMo 577.005) or vehicle injury (RSMo 577.008) might be sustained, and until after the state prosecuting attorney shall have had the opportunity to review the case and to consider filing appropriate charges.

(4)

In all other cases, the city prosecuting attorney shall have the discretion to file the appropriate charge with the municipal court or he may refer the case to the state prosecuting official.

(5)

The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this section shall not invalidate any prosecution or be cause to overturn any conviction for violations of sections 28-111 or 28-113, but may be reason for discipline of the city official violating this section.

(Code 1975, § 275.045; Ord. No. 2713, § 2, 10-19-82)