(2) While the person is under the influence of or affected by intoxicating liquor or any drug;
or
(3) While the person is under the combined influence of or affected by intoxicating liquor
and any drug.
(c) The fact that a person charged with a violation of this section is or has been entitled to use a
drug under the laws of the Spokane Revised Law and Order Code does not constitute a defense
to any charge of violating this section.
(1) No person may be convicted under this section if, before being pursued by a law
enforcement officer, the person has moved the vehicle safely off the roadway.
(2) The Court shall punish a violation of this section in the same manner as violations of the
RSLOC Provision 15-13.01.
15-13.05 Reckless Driving.
(a) Any person who shall drive or operate any motor vehicle in a wanton or willful disregard for the
safety or properties of the people of the Reservation shall be deemed guilty of reckless driving.
(b) Any person who drives 21 miles per hour over the speed limit shall be deemed guilty of reckless
driving.
(c) Reckless driving is punishable by a period of incarceration of not less 2 days in jail and no more
than 20 days; a fine of not less than $150 and no more than $300, or both such fine and
imprisonment.
15-13.07 Negligent Driving In the First Degree.
(a) Negligent Driving In the First Degree
(1) A person is guilty of negligent driving in the first degree if that person operates any
motor vehicle on the Reservation in a manner that is both negligent and endangers or is
likely to endanger any person or property, and exhibits the effects of having consumed
liquor or an intoxicating drug or substance.
(2) It is an affirmative defense to negligent driving in the first degree by means of exhibiting
the effects of having consumed an intoxicating drug that must be proved by the
defendant by a preponderance of the evidence, that the driver has a valid prescription
for the drug consumed, and has been consuming it according to the prescription
directions and warnings.
A. A person found guilty of negligent driving shall be incarcerated for a period
not less than 2 days nor more than 15 days; ordered to pay a fine of not less
than $100 nor more than $250, or both such fine and imprisonment.
(b) For the purposes of this section:
(1) "Negligent" means the failure to exercise ordinary care, and is the doing of some act
that a reasonably careful person would not do under the same or similar circumstances
or the failure to do something that a reasonably careful person would do under the
same or similar circumstances.
(2) "Exhibiting the effects of having consumed liquor" means that a person has the odor of
liquor on his or her breath, or exhibits by speech, manner, appearance, behavior, lack of
coordination, or otherwise that he or she has consumed liquor, and either:
A. Is in possession of or in close proximity to a container that has or recently had
liquor in it; or,
B. Is shown by other evidence to have recently consumed liquor.
(3)"Exhibiting the effects of having consumed an intoxicating drug or substance" means that
a person by speech, manner, appearance, behavior, lack of coordination, or otherwise
exhibits that the person has consumed an intoxicating drug or substance and either:
A. Is in possession of an intoxicating drug or substance; or
B. Is shown by other evidence to have recently consumed an intoxicating drug or
substance.
(4) "Intoxicating drug" means a controlled substance under the Controlled Substances Act,
Title 21 U.S.C. § 801 et seq., for which the driver does not have a valid prescription or
that is not being consumed in accordance with the prescription directions and warnings,
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Revised Spokane Law & Order Code, 5/14/2013