19770913 1977-31ORDINANCE No. 1977-31
AN ORDINANCE TO AMEND AND REENACT SECTION 13-83
OF THE FAIRFAX CITY CODE
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 reenacted to read in its entirety as
follows:
"Sec. 13-83. Same - Presumptions from Analysis of Blood or Breath Samples.
"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 a sample
of the accused's blood or breath to determine the alcohol content
of his blood in accordance with the provisions of Section 13-82
as amended shall give rise to the following rebuttable presumption~
"(a) 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
presumed that the accused was not under the influence of alcoholic
intoxicants;
"(b) 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;
"(c) If there was at that time 0.10 percent or more by weigh
by volume of alcohol in the accused's blood, it shall be presumed
that the accused was under the influence of alcoholic intoxicants.
1977-31
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This ordinance shall take effect immediately upon its adoptio~
Introduced: September 6, 1977.
Adopted: September 13t 1977.
Attest:
City ~16rk