19721017 1972-27ORDINANCE NO. 1972-27
AN ORDINANCE A~iENDING AND RE-ENACTING
SECTION 13-83 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 13-83 of the Code of the City of Fairfax is
hereby amended and re-enacted to read in its entirety as follows:
Sec. 13-83. Same -- Presumptions from alcoholic content
of blood-9
In any prosecution for a violation of section 13-81, the
amount of alcohol in the blood of the accused at the time of the
alleged offense as indicated by a chemical analysis of the accused's
blood in accordance with the provisions of section 13-82, shall give
rise to the following presumptions:
(1) If there was at that time 0.05 percent or less by
weight by volume of alcohol in the accused's blood, it shall be pre-
sumed that the accused was not under the influence of alcoholic
intoxicants;
(2) If there was at that time in excess of 0.05 percent
but less than 0.10 percent by weight by volume of alcohol in the
accused's blood, such facts shall not give rise to any presumption
that the accused was or was not under the influence of alcoholic
intoxicants, but such facts may be considered with other competent
evidence in determining the guilt or innocence of the accused;
(3) If there was at that time 0.10 percent or more by
weight by volume of alcohol in the accused's blood, it shall be
presumed that the accused was under the influence of alcoholic
intoxic ant s.
e
Attest:
For similar state law, see Code of Virginia Section 18.1-57.
This ordinance shall take effect immediately upon its passage.
Introduced: October 10, 1972.
Passed:
October 17, 1972.
/
Mayor
City Clerk