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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